By
Luv Puri
Jan 06,
2021
The passage
of legislation in some states to apparently protect women belonging to the
majority community, also known as laws to prevent ‘love jihad’, has evoked
concerns regarding the assault on individual constitutional rights and privacy,
particularly the impact on women. The Uttar Pradesh Cabinet had cleared the
Prohibition of Unlawful Conversion of Religion Ordinance, 2020, whereas on
December 29, the Madhya Pradesh Cabinet approved the Freedom of Religion Bill,
2020, as an ordinance.
Worrying: The ‘love jihad’ laws are an assault on a person’s rights
& privacy. PTI
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These
developments fit into the regional pattern of attempts in an environment of
paranoia about demographic change and patriarchy.
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‘New’ Anti-Conversion Laws?
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In
Buddhist-majority Myanmar, the parliament adopted four laws in 2015 — the
Monogamy Law, Religious Conversion Law and Interfaith Marriage Law, and
Population Control Law. In 2012, a case of sexual violence and murder of a Rakhine
Buddhist woman sparked communal violence in Sitwe, central Rakhine, that led to
an internal displacement of both communities, including 1,20,000 Rohingya.
Islamophobia swept Myanmar consequently.
Taking
advantage of the religious polarisation, a group of monks formed the
Association for the Protection of Race and Religion. They drafted and proposed
to the parliament a Bill to protect the Buddhist women who married non-Buddhist
men so that they have equal rights in marriage, divorce, inheritance and children
as well as have effective protection. With some tweaks, the Myanmar Buddhist
Women’s Special Marriage Bill was introduced by the ruling Union Solidarity and
Development Party in the parliament. The Buddhist Women’s Special Marriage and
Succession Act, 1954 was revoked on the passage of this Bill. Under the 1954
law, when a Buddhist woman married a non-Buddhist man, all rights and disputes
regarding the marriage were governed by the Burmese customary law, which also
governs Buddhist marriages.
The 2015 Conversion
Law and Interfaith Marriage Law was passed by a vote of 524 to 44, with eight
abstentions, by the two Houses of Parliament sitting in a joint session. The
rationale given was similar to that of the Special Marriage Act, 1954, which
was meant to protect women of the religious majority. As per the Bill,
“whenever a non-Buddhist man and a Buddhist woman intend to contract a
marriage, one of them shall apply in writing in the prescribed form to the
Registrar within the jurisdiction where one of them is residing.” The law
allowed local registrars to publicly post marriage applications for 14 days to
determine whether there are any objections to the unions.
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Why Hindu Women (And Men) Should
Oppose the ‘Love Jihad’ Law
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The law was
called out for promoting patriarchy and invading privacy as it exposed the
potential couple to harassment. The present ruling National League for
Democracy (NLD) leader Aung San Suu Kyi, who had married a British, opposed the
legislation as an opposition leader. However, her party after taking over the
reign of government in March 2016, didn’t revoke the legislation. Suu Kyi was
herself married to a British and was denied the Presidentship. This was owing
to a constitutional provision which says that the president must be someone who
“he himself, one of the parents, the spouse, one of the legitimate children or
their spouses not owe allegiance to a foreign power, not be subject of a foreign
power or citizen of a foreign country.”
Similar
underlying fears of demographic change have dictated past legislative
processes. In 2004, the J&K Legislative Assembly passed a Bill to deprive
women married outside the erstwhile state of retaining the Permanent Resident
Certificate (PRC). A critical aspect of Article 370 was the provision of PRC
given to people whose ancestors had lived in J&K for at least 10 years
before May 14, 1954. Before August 5, 2019, only those with PRC could buy
property, get employment in the state, vote in the J&K Legislative Assembly
and were entitled to other privileges. That is why legislation was passed to
disincentivise women from marrying outside.
Without
being explicit, the main fear was the possible demographic change to the
Muslim-majority character of J&K as the perception was that the bulk of the
marriages outside were of non-Muslim women. And this would imply that the
retention of PRC by non-Muslim women would result in claims of their children
as well.
The Bill
was meant to give a legislative form by the People's Democratic Party
(PDP)-Congress ruling coalition to the 1968 executive order which was struck
down by the J&K High Court on October 7, 2002. The court had held that no
legislation can be made which is against gender equality.
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Also Read:
Interfaith Marriage: The Dilemma of Inequality In Religion
Facing Muslim Female In Modern World
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After an
uproar among women’s rights groups and criticism by opposition parties like the
BJP, the Congress realised that the legislation could become a national
embarrassment as it will be accused of being a partner in facilitating gender
inequality. The Congress legislators in the council were asked to oppose the
Bill and demand that the Bill be sent to a select committee of the J&K
Legislative Council.
The council
met on March 11, 2004. The Congress and BJP opposed the Bill, whereas regional
parties like the National Conference and the PDP supported its passage. The
six-and-a half-hour proceedings were nationally televised. After several
passionate speeches by the legislators, both for and against the Bill, council
Chairman Abdul Rashid Dar, in a surprise move, adjourned the council sine die.
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Coming to
the present debate, in India’s case, inter-religious marriage can be solemnised
through the Special Marriage Act, 1954. The so-called ‘love jihad’ legislations
in various states invade privacy, and, rather than reform and make it more in
conformity with the democratic and liberal ethos of the 21st century, the
provisions are further reinforcing patriarchy and the same paranoia of
demographic change that is not too uncommon regionally.
Original
Headline: Demographic paranoia dictates ‘love jihad’ laws
Source: The Tribune India
URL: https://newageislam.com/islam-politics/‘love-jihad’-laws-reinforce-patriarchy/d/123994
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