Many in the women’s rights movement, where the demand for a common civil code first emerged in the 1980s, are now demanding the strengthening of existing secular laws.
Back then, they say, the move towards a more uniform and gender-just civil code was stalled due to the apprehension that such a law would curb religious freedoms of minorities.
With the BJP, which included the uniform civil code in its 2014 manifesto, in power now, women’s groups are asking for an alternative to uniformity.
The latest debate on the rights of women, particularly in matters of marriage and divorce, was sparked off when the Law Commission of India put out a questionnaire asking for comments from the public about the possibility of a uniform civil code.
While the questionnaire that was put out on October 7 talks about property rights of Hindu women and divorce for Christian women as well, Muslim organisations have boycotted it, citing the question on triple talaq as an infringement on religious freedom. The All-India Muslim Personal Law Board on Thursday announced that it would not participate in the Law Commission’s exercise, which would affect communal harmony.
Triple talaq
Rejecting the argument, Zakia Soman, co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), said that there was a need to engage with the government. The BMMA is one of the petitioners in the ongoing Supreme Court case on banning of triple talaq and polygamy.
“There is already a common civil code of sorts in the form of the Special Marriage Act. We will be writing to the Law Commission to expand that as a secular option. Let people decide,” said Ms. Soman.
Supreme Court lawyer Rebecca John said the timing of the Law Commission’s exercise was “suspicious”.
“There is a time to have this debate. At moments like these when our country is going through so much churning and hatred, both from the gender perspective and the inter-community one, one is inclined to look at it suspiciously,” Ms. John said. However, she said the debate should not become restricted to one of triple talaq.
“I would like a conversation about uniform civil code and gender justice. Personal laws tend to be anti-women and there is a need for corrections. But, will we talk about the Hindu Undivided Family that gets tax breaks? And about the abortion rights of Christian women,” asked Ms. John.
Personal laws discriminate
Others said that all personal laws must go.
“In some form or the other, all personal laws discriminate against women. They are extra-constitutional and should be done away with,” said Ranjana Kumari, the director of the Centre for Social Research.
Kavita Krishnan, the secretary of the Left-linked All-India Progressive Women’s Association, said that there was a need to “broaden” the conversation.
“The entire debate in the media is about triple talaq and the Muslim community, as if it is the only community that has patriarchal attitudes. That being said, I don’t agree with the AIMPLB as they are not hearing the arguments of Muslim women,” said Ms. Krishnan.
She added that there was a need for reform and access to non-religious civil codes.
