TeaHe is with the 22nd Law Commission of India refurbished Discussion on important topics like religious freedom and women’s rights by seeking new ideas from various religious organizations on the controversial Uniform Civil Code. It is an inclusive approach that considers the viewpoints of various stakeholders and provides them a period of 30 days to present their views.
However, it is important to discuss whether the opinion of religious organizations should take precedence over the concerns of women and women’s groups, given that personal laws under the UCC primarily affect women.
Religious organizations have often been an obstacle to achieving gender equality in India. The introduction of UCC can address these disparities and champion women’s rights. The UCC will effectively streamline laws relating to marriage, divorce, adoption, guardianship, succession, inheritance and other issues that greatly affect women in India.
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freedom is not violated
The UCC remains a controversial issue in India due to strong opposition from a large section of Muslims. They argue that the UCC will take away the right of citizens to practice and practice religion. But this is a misleading claim. The UCC is not intended to infringe upon the lifestyle and identity of Indian citizens, rather it aims to protect the fundamental rights of equality and liberty. It aims to strike a balance between individual rights and collective values.
We cannot allow oppression and marginalization of women in the name of diversity and culture. Personal laws for most religions are highly discriminatory. Muslim personal law, governed by Sharia, allows even nikah mutah or contract marriage and nikah halala or divorced husband to marry another person before remarrying.
The Shah Bano case of 1985 was an occasion to bring about reform within the Muslim community, particularly with regard to the right to divorce for women. Even the Supreme Court said that the Parliament should outline As a framework for a common civil code, it is an instrument that facilitates national harmony and equality before the law. But it turned into a sad turn where old patriarchal interpretations of Muslim personal laws took precedence over gender equality and individual liberty. The case is a reminder of the gender justice setbacks and its deep impact on Indian society and politics. It is necessary to learn from this missed opportunity and strive for comprehensive reforms that align personal laws with constitutional principles.
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‘Correction from within’ already exists
Liberals who oppose the UCC argue that reform must come from within. While internal factors are important, this argument often ignores the influence of external sources. Raja Ram Mohan Roy’s fight against sati in the 19th century was aided by foreign influence – the British government eventually banned it.
Since independence, the Indian government has actively tried to amend the Hindu Code Bill to promote gender equality among Hindus. But the fact that it has not shown the same enthusiasm for other communities on similar issues pains me deeply as an Indian Pasmanda Muslim woman.
And it is not that Muslim women have not been vocal about their demands. In the name of religious freedom, the state has left us at the mercy of the All India Muslim Personal Law Board (AIMPLB), a highly patriarchal body which till date codified Muslim Personal Law. Muslim women have filed several public interest litigations against practices like Nikah Mutah and Nikah Halala.
A 2017 report by the Bharatiya Muslim Mahila Andolan (BMMA) in 10 states showed that 91.7 percent of Muslim women surveyed Oppose Polygamy and oral and unilateral divorce. Therefore, the desire to bring about “reform from within” is already present in the Muslim community – what remains is the introduction of a legal framework by the state which is the UCC.
The draft UCC should be approached within the broader framework of a Universal Bill of Rights for Indian Citizens (Ubric). It is important to avoid taking partisan positions in the garb of secularism, as such discrimination only serves to divide communities. The right to exercise freedom of religion should be accessible to individual Indian citizens without allowing religious institutions to preside over them.
While it is important to consider diverse perspectives on the matter, the Law Commission’s emphasis should have been on the experiences and struggles faced by women. Women’s organizations, who have tirelessly advocated for gender equality, should be at the forefront of this discussion. Undoubtedly, his knowledge and expertise would have provided valuable insight into the discriminatory nature of existing personal laws and the urgent need for reform. Hear them without giving disproportionate influence to religious organizations on a matter that primarily affects women.
In fact the time has come to provide equal and fair treatment to all Indian women irrespective of their religious identity. As an Indian Pasmanda Muslim woman, I have a question for the Modi government: how long will we continue to get step-motherly treatment when it comes to our rights?
Amana Begum Ansari is a columnist and TV news panelist. She runs a weekly YouTube show called ‘India This Week by Amaana & Khalid’. She tweets @Amana_Ansari. Thoughts are personal.
(Edited by Hamra Like)