The 22nd Law Commission has called for responses to a proposal for a Uniform Civil Code in India. This has set off a debate, which has often been acrimonious. But the debate itself is much needed as Indians have never been consulted on the personal laws they are governed by. These laws were instituted by the British colonial government by giving a cursory hearing to the clergy, or religious scholars in the case of religions without one. The result was a religion-based set of personal laws for Hindus, Muslims and Christians. Whether the colonisers did this out of a deep concern for the sentiments of the natives or it was intended as another instrument in a strategy of divide and rule in order to hold India is irrelevant, but we should note the provenance of India’s personal laws.
Laws that are boxed
Personal laws in India are boxed according to the religion or social origins of the citizen. However, it does not take much to see a fearful symmetry between them. This is their unmistakably patriarchal framing, whereby men are privileged at every turn. Thus, only a man can be the ‘karta’ or head of a Hindu Undivided Family, a divorced Muslim woman is not entitled to maintenance beyond a certain period, among some tribes of India, the custom is that women do not inherit ancestral property, and a Parsi woman who marries outside the community is excommunicated. So, from the point of view of women’s empowerment, India’s civil code is uniform already. As for the section of the population that we today refer to as the LGBT community, the British colonialists considered them mere flotsam and jetsam, to be ignored altogether. Not only did they not even merit a personal law but their actions deserved to be criminalised, even when they were consensual.
