India: What would Uniform Civil Code mean for Muslim women?

The general election in India is around the corner, and the issue of the Uniform Civil Code (UCC) has once again found its way back into debates. The idea is simple: instead of the current legal framework which allows various religious groups to follow specially tailored laws, India's central government could impose a civil code for everyone and enforce it regardless of religion.

Many Muslim women are calling for just that. They hope the UCC would help their community leave archaic and patriarchal personal laws behind.

"It will be beneficial for Muslim women if there is uniformity, there will absolutely be gender justice with the Uniform Civil Code," said constitutional expert Shireen Tabassum, commenting on the law currently considered by the Indian government.

Women's rights activist Zakia Soman agrees that, ideally, the UCC should promote gender justice and equality.

"Concerns about rights for Indian women were uppermost in the minds of our founding leaders when they envisaged the UCC," she said. "A good code should be affirmative and inclusive to adopt gender-just practices and root out discriminatory ones."

What is the Uniform Civil Code?

The UCC is a set of personal laws which would be common for all Indian citizens regardless of religion, gender, or sexual orientation.

These laws govern matters such as marriage, divorce, succession, and inheritance. Women often find themselves discriminated against under the current system, which allows distinct personal laws for different religious communities. The UCC would bring those laws on par with the country's criminal law, which already applies to everyone.

This concept has been envisioned many times since India's independence in 1947 but was never enforced.

Prime Minister Narendra Modi reignited the discussion last month, asserting that India shouldn't have "separate laws for separate communities." But imposing a universal code is easier said than done in a country of 1.4 billion people, which the home to many religious and ethnic groups.

Why is the idea of universal laws controversial?

While proponents of the UCC argue it will promote equality, its critics fear the erosion of religious and cultural autonomy.

The resistance has been particularly staunch within the Muslim community. India boasts a Muslim population of nearly 200 million people, and many of them feel a uniform personal law would impede their right to freedom of religion.

All India Muslim Personal Law Board, a non-governmental organization, likened the implementation of the UCC to Muslims losing their identity. They advocate for Muslims to be governed by Shariah law, although the religious code has been interpreted differently even in Muslim-majority countries.

What would change for Muslim women?

Muslim women have borne the brunt of patriarchal interpretations of the Shariah laws in India. Experts say patriarchy has denied the rights women have been empowered within Islam.

"Muslim women badly need legal protection in marriage, divorce and family law matters," said activist Zakia Soman. "Unfortunately, the clergy has miserably failed to reform Muslim personal law. This has resulted in discrimination and denial of justice to Muslim women. A genuine and affirmative UCC can address this anomaly substantially."

Under the interpretation of Shariah laws practiced in India, Muslim men are allowed to marry four wives and have the upper hand when it comes to divorce, as well as spousal and child support. In the case of inheritance, under traditional norms, daughters get only half of what sons inherit. Sharia laws are also not very clear about inheritance rights of adopted children.

Also, while the legal age of marriage in India is 21 for men and 18 for women, Muslim personal laws say those who have attained puberty are eligible to be married.

Amana Begam Ansari, a columnist who has written extensively about the Uniform Civil Code, says these norms need to change.

"Polygamy absolutely needs to go," she said. She also said the age of marriage should be common for all and "any marriage of underage girls should be considered rape."

What's the way forward?

Tabassum acknowledged that any reforms would spark resistance, but argued that the government must proceed regardless. She pointed out that "customs like Sati (burning widows with their husband's body), child marriage, and triple talaq (instant divorce) were eventually abolished only due to the collective efforts of successive governments and the Supreme Court."

"Radical social reforms never come from the society itself, governments have to push such reform," she said.

Some critics of the UCC say that it would be better to reform personal laws rather than imposing a common law for all. While Ansari agrees this reform would be welcome, she also warns it would allow religious communities to claim authority and resist any change.

"It's far better to have a common law based on universal human rights," Ansari said. "If criminal law is the same then why not personal law?"

What are the pitfalls?

Although some Muslim women are advocating for the Uniform Civil Code, there are also apprehensions within the Muslim community the solutions that may be pushed by Modi's right-leaning government. Neither Modi or his Bharatiya Janata Party (BJP) have a great reputation for protecting women and minority rights.

Tabassum also pointed to other laws that appear to be brute-forced by the ruling block — including the highly-disputed Farm Act or changes in legal status for the Kashmir region — as examples of the government refusing to seek consensus.

"The government has poor record on women's rights," she said, pointing to last year's release of a group of rapists who had assaulted Muslim woman Bilkis Bano in 2002 and this year's scandal triggered by harassment of women wrestlers.

"UCC is part of BJP's election manifesto but a collaborative approach involving all communities is called for. It cannot become yet another step against minorities," she said.

Edited by: Darko Janjevic