There has been much airy talk but little action for years about legislating a Uniform Civil Code (UCC). Social injustices that arise from the lack of such uniformity are all too obvious in Indian society. Public opinion, especially of a minority community, is swayed by ignorance and prejudice. This community is vocal against encroachment on religious freedom, heedless of the fact that its opposition goes against equality in the eyes of the law. The vote bank issue unnecessarily obtrudes on the debate. The Union Government is now awaiting a Law Commission Report on UCC. UCC will naturally be in conflict with Sharia. The government has codified laws of Hindus, Christians, Sikhs, Jains and Parsis. It is true that many women are perhaps unable to exercise their rights even under these codified laws. That chokes progress towards UCC in respect of Muslims. It is however agreed among all enlightened people that religious personal laws should not dictate or regulate matters pertaining to marriage, alimony and inheritance. Of course, the question may arise that the BJP government at the centre may not be in a position to pass a law that draws a clear line between state and religion affecting even the majority community. Hindutva pressure groups doubtless make one wonder if India’s secularism enshrined in the Constitution is indeed a reality. On the other hand, Bharatiya Muslim Mahila Andolan, a petitioner in the Triple Talaq case, wants the government to codify Muslim personal law.
It flies in the face of reason why restrictions on polygamy, grounds for divorce or rules of inheritance should differ from one community to another in this age of consent. Patriarchal societies created unequal laws. It is not necessary to wait for the Law Commission Report. The government and civil society should push forward the cause of UCC without delay. Where is the room for debate?
