NCW Says Non-Codified Nature of Muslim Personal Law Poses Challenges to Women

The National Commission for Women said that absence of Uniform Civil Code has perpetuated inequalities and inconsistencies in the country

New Delhi: The National Commission for Women (NCW) has said that the absence of a Uniform Civil Code (UCC) has perpetuated inequalities and stressed that the non-codified nature of Muslim personal law poses challenges to Muslim women.

In a statement on Saturday following deliberations during the “Final law review consultation on Rights of Muslim Women: Reviewing Muslim Personal Law”, the commission said that the non-codified nature of Muslim personal law makes it prone to misinterpretation.

“The absence of Uniform Civil Code has perpetuated inequalities and inconsistencies in our diverse nation. It hinders progress towards social harmony, economic growth, and gender justice,” the statement said.

“In India, the Muslim community follows Muslim personal law, which being non-codified, is prone to misinterpretation and poses challenges for Muslim women. It’s time to address these issues for a more equitable society.”

The deliberation came in the backdrop of the Law Commission seeking fresh inputs last month on a Uniform Civil Code.

On Friday, the commission extended the deadline for submission of views to July 28. Earlier it had set July 14 as the deadline to send inputs on the contentious issue.

Last week the Commission said that it had received over 46 lakh responses on its notice.

NCW chairperson Rekha Sharma said that there is an urgent need for codified laws.

“In our pursuit of equality, let’s reflect: if a law cannot serve the rights of Hindu, Christian, Sikh, and Buddhist women, can we truly say it is just for Muslim women? The need for codified laws is urgent,” she said.

“We need to work towards a legal framework that ensures equal rights for all, regardless of religion.”

The deliberations on Saturday saw the participation of key stakeholders, including the Attorney General of India, the Additional Solicitor General from the Supreme Court, representatives from high courts, Vice Chancellors of law universities, legal luminaries, and civil society organisations, reported Press Trust of India.

R. Venkataramani, the Attorney-General of India, highlighted the need for reforming and strengthening the institution of marriage.

“He (Venkataramani) emphasised the following points:equal regard for men and women, equal status for men and women, equality of processes ensuring dignity in entering and exiting marital relationships irrespective of religion,” ANI reported, quoting an NCW statement.

The NCW also said that the deliberations also included consultations on reforming divorce as a judicial process, with exception to divorce through mutual consent, and the need to reform inheritance rights.

The 22nd Law Commission’s notification last month came despite the 21st commission suggesting in 2018 that a Uniform Civil Code “is neither necessary nor desirable at this stage.”

“Since more than three years have lapsed from the date of issuance of the said consultation paper, bearing in mind the relevance and importance of the subject and also the various court orders on the subject, the 22nd Law Commission considered it expedient to deliberate afresh over the subject,” the commission’s notification said last month.

Earlier this month, the All India Muslim Personal Law Board opposed the implementation of the Uniform Civil Code in its representation to the Law Commission and called the exercise “politically motivated” to divide the country on religious lines.

Earlier various opposition parties, including NDA allies, have also opposed the move to bring in a Uniform Civil Code.