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Regular-article-logo Tuesday, 07 April 2026

Common cause

It is not unreasonable to ask for a uniform body of laws for the citizens of a secular democracy. The question is of justice, not just of gender justice. But in recent times, arguments over the uniform civil code have often been mixed up with those about the desirability of abolishing certain practices that adversely affect women. The All India Muslim Personal Law Board, which has long been resisting any modification of the personal laws that allow triple talaq or polygamy, has now set up a women's wing to reiterate its stand. This may be a move to stifle the suggestion that women from within the community wish for change. The AIMPLB is opposing the whole idea of a UCC. The debate over the feasibility of having a UCC in India almost always misses the point. It is not difficult to understand why. A UCC involves the replacement of scripture-based personal laws by a set of principles that would be applicable to everybody, irrespective of religious affiliation. Religion is the red herring here - the contingencies of electoral politics mean that the issue is liable to be co-opted by majoritarian groups, which are suspected of intimidating the minorities, while the latter are free to cry wolf at every mention of the topic.

TT Bureau Published 24.11.16, 12:00 AM

It is not unreasonable to ask for a uniform body of laws for the citizens of a secular democracy. The question is of justice, not just of gender justice. But in recent times, arguments over the uniform civil code have often been mixed up with those about the desirability of abolishing certain practices that adversely affect women. The All India Muslim Personal Law Board, which has long been resisting any modification of the personal laws that allow triple talaq or polygamy, has now set up a women's wing to reiterate its stand. This may be a move to stifle the suggestion that women from within the community wish for change. The AIMPLB is opposing the whole idea of a UCC. The debate over the feasibility of having a UCC in India almost always misses the point. It is not difficult to understand why. A UCC involves the replacement of scripture-based personal laws by a set of principles that would be applicable to everybody, irrespective of religious affiliation. Religion is the red herring here - the contingencies of electoral politics mean that the issue is liable to be co-opted by majoritarian groups, which are suspected of intimidating the minorities, while the latter are free to cry wolf at every mention of the topic.

It is not that people never feel the need to reform antiquated personal laws so that they become equal for all, across genders, religions, classes and castes. Reports that a demand for change has been raised from within the minority community are not entirely mistaken. Also, the Supreme Court has recently delivered some remarkable judgments to put an end to discriminatory practices followed by both Hindus and Muslims. It is important to ensure that this process of amelioration is not hijacked midway by religious bodies or political parties. It cannot be easy to bring about a UCC since the Constitution guarantees freedom of religion while, at the same time, exhorting the State to work towards laws that would operate evenly for everyone. Yet a UCC should not be impossible when the country already has common criminal laws. Its formulation should be based on unbiased study, driven by determination but without politicization. Besides, disagreements over the UCC should not stall the debate on triple talaq, since the latter is associated specifically with gender justice. Reform can come in stages; in India's complicated situation it may even be a good thing.

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