Demographic Paranoia Dictates Love Jihad Laws

Context: The passage of laws to prevent ‘love jihad ‘in some states (Uttar Pradesh and Madhya Pradesh) not only invade individual constitutional rights and privacy but also reinforce patriarchy and the paranoia of demographic change.

Various Legislative Processes Dictated by Underlying Fears of Demographic Change 

• 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.
  • These laws were based on Islamophobia and took advantage of the religious polarisation to declare inter-faith marriages illegal.
  • The laws were called out for promoting patriarchy and invading privacy as it exposed the potential couple to harassment.
  • The law allowed local registrars to publicly post-marriage applications for 14 days to determine whether there are any objections to the unions.
• In Jammu and Kashmir (J&K): 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).
  • Before August 5, 2019 (abrogation of Article 370), only those with PRC could buy property, get employment in the state, vote in the Legislative Assembly and were entitled to other privileges.
  • The bill was meant to give legislative form to the executive order, which was earlier struck down by the J&K High Court on the grounds of gender inequality. (as it disincentivises women from marrying outside).

Conclusion: While The Special Marriage Act 1954 is in conformity with liberal ethos, recent state laws to prevent ‘love jihad’ are generally dictated by underlying fears of demographic change and patriarchal mindset.