Uniform Civil Code: Is This a Law Worth Waiting For?

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The issue of women’s rights under Muslim Personal Law has brought up the debate over a Uniform Civil Code. Is legislation the solution?

In 2015, a newly-wedded bride waited for her husband to tell her whether he had reached Dubai safely or not. She waited for days with no reply, until one came – via Whatsapp. Three words, “Talaq talaq talaq”, and she was virtually divorced.

As the full message read:

Why are you calling me? I do not like you. Do not wait for me. If we like apple, will we keep eating it every day? We will like to eat other fruits also. Talak Talak Talak.

If she goes to the courts, there are precedents for derecognizing such divorces. But Muslim community leaders could disagree. And when religious and state laws clash, the question of a Uniform Civil Code (UCC) is bound to raise its head again.

Editorialized, communalized and heavily politicized, the debate on the UCC today opens a Pandora’s box – should the state be allowed to modify religious personal law? If that question sounds scary, take the question of whether individual rights can be superseded by those of religious groups – as suggested in Article 26 of the Indian Constitution?



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