Why Delhi’s Muslim women are not too excited about Uniform Civil Code

The Law Commission may be in a hurry to solicit opinions over a proposed Uniform Civil Code (UCC), but many Muslim women in the national capital are keeping their fingers tightly crossed.

While the Muslim clergy has always opposed the UCC, saying it will have adverse effect on individuals from all religious backgrounds, Muslim women remain unsure on which side they stand.

The UCC’s stated aim is to expand the rights of women and bring more gender equality to personal laws. But the ruling BJP has not instilled enough confidence in Muslim women even after enacting a law that criminalises triple talaq.

Why now?

Poonam Kaushik, an advocate and a member of Prgatisheel Mahila Sangathan, questioned the Law Commission’s timing seeking views of religious organisations and the public on UCC.

“It is difficult to understand why there should be an urgent discussion now. The matter requires detailed study and extensive consultation. It is very clear the government only wants to further its political agenda. A 30-day time-frame for completing the consultation process is certainly not enough,” she said.

Also read: Law Commission initiates fresh consultations on Uniform Civil Code

The 21st Law Commission under Justice BS Chauhan in 2018, after studying the matter, concluded in its report that a UCC was “neither desirable not necessary at this stage”.

But the 22nd Law Commission has sought the views of religious organisations and the public. A notice issued by it said those interested and willing must present their views within 30 days.

Expressing her reservations, Nida Begh of Jamia Nagar, Delhi, recollected the number of times she went to the police station to file an FIR against her husband after he pronounced triple talaq.

“The police kept brushing aside my complaint and showed no interest in registering an FIR. Although there is a law on triple talaq, it does not see its effect on the ground, as even registering an FIR is extremely difficult in most cases.

Muslim ordeal

Hamida, who prefers to be called by her first name, narrated her ordeal after she was left to fend for herself and her two-year-old daughter. She felt the law should have focused on ensuring justice to women and not just to punish men with three years’ imprisonment and a fine. The focus should be to help Muslim women lead a dignified life, not merely jail Muslim men.

Watch: What is the Uniform Civil Code and why is it being opposed?

Echoing Nida’s concern over difficulty in filing an FIR, she said the law has disproportionate focus on criminialising the practice by ensuring a jail term although the difficulty in registering an FIR in cases of triple talaq has been well documented by groups fighting for Muslim women. The law should provide enabling conditions for Muslim women to lead a normal life.

Hindutva politics

Speaking to The Federal, Zakia Soman, a leading women’s rights activist, argued how the ruling dispensation was using UCC to further its Hindutva agenda. Giving the example of recent wrestlers’ stir and the apathy from the Union government, she asked: “Can a government that is truly interested in ensuring equal rights and gender parity afford to maintain silence over such an issue? How can one justify the remission granted to 11 life convicts in the Bilkis Bano gangrape case?”

Soman, who is also the co-founder of Bhartiya Muslim Mahila Andolan, an organisation that espouses equal citizenship rights for women and gender justice within the framework of Islam, said she welcomes the UCC only if it is not politicised or communalised.

“There are several provisions under Muslim personal law that discriminate against women and do not give them the rights women of other religions enjoy. Right after Independence, Nehru and Ambedkar strove to correct this aspect. In matters of divorce, maintenance and other family issues, the Muslim Personal Law (Shariat) Application Act, 1937, prevailed.

“The rights guaranteed by the Quran also don’t get translated into something meaningful for women. Therefore, UCC is a welcome move but only if it is brought out after extensive consultation and taking the concerns of the women into account. It should stay true to its stated objectives — expanding rights and bringing more gender equality to personal laws,” she observed.

Also read: Uniform Civil Code Bill introduced in Rajya Sabha amid protests

The continuous onslaught on the minorities further shielded by Hindutva forces has only increased suspicion among the minorities, believes Soman.

Muslim clergy

She added that the Muslim clergy was adding to the apprehension among Muslim women. The clergy strongly believes and propagates the primacy of the Muslim Personal Law (Shariat) Application Act, 1937. This was demonstrated in its opposition to the Triple Talaq Act and in the Shah Bano case.

In the Shah Bano case, while the Supreme Court upheld the right to alimony, the judgment was resisted by the clergy as they questioned the extent to which courts can interfere in Muslim personal law.

Enabling conditions 

Samar Ali, General Secretary of Girls’ Islamic Organisation (GIO), believes that the government must take the “cultural context” of Muslim women into consideration while framing a law on UCC.

Referring to the implementation of the triple talaq Act, she said: “If issues need to be ironed out, then there has to be a more holistic reading of problems faced by Muslim women. If gender justice, equality and inclusion are the goal, the government must enable the supporting conditions to fulfil it.

“What we saw in cases of triple talaq is that women found it extremely difficult to register an FIR against their husbands who pronounce triple talaq. The government must take adequate safeguards to ensure that it is not merely a question of ‘uniform law’ but also a question of ‘uniform rights’,” she said.

Also read: Uniform civil code will deliver uniform justice; wrong narrative built around it: Kerala governor

Ali also believes that UCC should come into effect when social conditions are more conducive and promotes harmony and coexistence among the majority and the minority communities.

The misuse of laws like Unlawful Activities Prevention Act (UAPA) and the brutality unleashed during the anti-NRC protests have only increased the suspicion among Muslims. Without involving women and other stakeholders, any attempt to formulate a law like UCC will only be seen as an attempt to further the political agenda of the ruling dispensation, believes Ali.