Inheritance of Customary Injustice

Uniform Civil Code or not, family laws need to change for women to be equal citizens

- Bula Devi

WHAT was meant to be a discourse about the viability of a uniform civil code in India and its relevance to promoting gender justice has become entangled in the political differences between the BJP-led government at the Centre and the All-India Muslim Personal Law Board, which has the support of many Muslim organisations. Family laws of all religions and a wide diversity of customary practices tie women down, leaving them little scope to live with equality and dignity. The attempt to introduce a uniform civil code was meant to carve out a space that would enable women to be at par with men across communities and religions.

The Law Commission of India has put out a 16-point questionnaire soliciting opinions from the public on reforms in family laws that can be carried out in an “integrative” manner, without compromising the diversity of the country’s social fabric. It includes questions such as whether steps should be taken to ensure that Hindu women are better able to exercise their right to property, which, more often than not, is bequeathed to sons under the customary practices.

In the case of Christians, just a decade ago, a couple had to live separately for seven years before they could part ways. The period has now been reduced to two years after much struggle by Christian women organisations. Fortunately, many from the clergy also supported the change. The Law Commission has now posed a question to the public on whether the two-year wait for finalising divorce violates Christian women’s right to equality as the other religion-based marriage acts or personal laws stipulate only a one-year period of separation.