Indian Muslims for Secular Democracy (IMSD) has said that it supports a religion-neutral, gender-just uniform civil code (UCC), Convener Javed Anand has said.
Article 44 of the Indian Constitution (Directive Principles of State Policy) which postulates, “The State shall endeavor to secure for all citizens a uniform civil code (UCC) throughout the territory of India” is consistent with the Fundamental Rights guaranteed to all citizens under Articles 14 (equality before the law) and 15 (non-discrimination on grounds of religion, caste, sex….) of the Constitution. In our view a bonafide endeavour must mean encouragement of nationwide discussion and deliberation on the issue aimed at evolving a national consensus and not imposing the codes of any one religion, culture, tradition on all others. In all such endeavours ensuring gender justice must be the prime concern, Anand said in a statement released here on Monday.
UCC 'neither necessary nor desirable'
The statement points out that, in its report published in 2018 the 21st Law Commission had opined that a UCC was "neither necessary nor desirable at this stage". But the 22nd Law Commission has reignited the issue by inviting the views of the public at large and religious organisations on UCC. Curiously enough, the Commission has not offered any draft of its own for the people to respond to.
"The timing of the initiative, the absence of a draft and the fact that the next general elections are less than a year away have understandably led to apprehensions that the motive of the Modi-led government is suspect. This notwithstanding IMSD calls upon secular political parties not to fall in the trap set by the BJP," the statement, signed by coconvenors, A. J. Jawad, Arshad Alam, Feroze Mithiborwala, Irfan Engineer and Nasreen Contractor, has said.
Opposition from Muslim Bodies
The statement further says, as usual, Muslim religious bodies including the All India Muslim Personal Law Board (AIMPLB), the Jamiat ulema-e-Hind and the Jamaat-e-Islami Hind have promptly opposed the move calling it “an attempt at polarisation and a diversionary tactic by the government”. According to them, “The proposal is totally against the religious freedom and Fundamental Rights given to the citizens under Articles 25 and 26 of the Constitution”. What the ulema willfully ignore is that Article 25 concerning the right to freedom of religion also states, “Nothing in this article shall… prevent the State from making any law “providing for social welfare and reform…”
The IMSD further states that it is ironic that in secular India the ulema continue to cling to medieval, patriarchal notions of gender relations in the name of Islam. Contrary to their false claims Muslim Personal Law is not God-given but man made.
Reforms for Gender Justice
The statement further adds that in recent decades, a large and growing number of Muslim countries, including some which call themselves Islamic states, have reformed their family laws. Moreover, millions of believing, practising Muslims today are citizens of western democracies where there are no separate family laws for Muslims. Hence, IMSD calls for the following reforms to be part of a uniform code applicable to all citizens: divorce only through a court of law including the right of women to initiate divorce, right to judicious maintenance following severance of the marital tie, ban on polygamy and the shameful halala practice, gender-just inheritance and guardianship laws, right to make a will with provision for a minimum percentage of the property to be left behind for heirs, child custody to be based on what is in the best interests of the minor, right to adopt by couples or even by single women or men, “right to marry… without any limitation due to race, nationality or religion” (Article 16 of the United Nations Universal Declaration of Human Rights).
Inclusion of Positive Aspects from Muslim Family Law
IMSD would also like inclusion of certain positive aspects of Muslim family law. For example: irretrievable breakdown of marriage to be included among grounds for divorce, women’s right to retain her own maiden name and identity after marriage, the statement has said.
A ‘Uniform Civil Code’ is not the same as a ‘Common Civil Code’. Muslims reserve the right to protest against any attempt to impose a majoritarian agenda in the name of uniformity. We therefore appeal to all political parties to see this issue as one of gender justice and stop pandering to the whimsical and antediluvian fantasies of religious clerics, the statement has said.
