Dr. Kadeeja Mumthaz, writer and chairperson of the Forum for Muslim Women’s Gender Justice, explains why amendments to personal laws are necessary rather than the proposed implementation of the Uniform Civil Code (UCC).
You have been in support of the UCC in the past. What changed your views?
Yes, I was in support of the UCC in the past. I had seen instances of justice being denied in the name of religion and thought that UCC could be a solution, just like many people feel these days. But times have changed. The forces of Hindutva have always been targeting minorities and hence we are scared of the UCC.
Is it because the BJP brought this up? What if it was the Congress government that had suggested the UCC?
The Congress never tried to bring up the UCC. They could not make even a small change due to protests. But even if the Congress had brought it up, we need not fear this much. There would have been discussions and efforts to bring about consensus. Yes. We are scared because it was the BJP that brought up the UCC. It is not the party that scares us but its track record. Even the BJP had appointed a Law Commission to study the issue, which after two years deemed the UCC impractical in India.
Why do you think the Centre has brought this up now?
The BJP had the UCC on its agenda for a long time. But most probably they will preserve it for their next term at the Centre, if any. Now, this is just a political stunt ahead of the 2024 elections.
What is the reaction of Muslim women to the proposal, especially since the Centre has made it clear that its main focus is on alleviating their sufferings?
Some women and even men belonging to Muslim community in Kerala think that the UCC is a solution to issues regarding the Muslim personal law (Sharia Application) Act of 1937, especially that of succession and property rights within it. The reason behind this line of thought is that they have not faced the brunt of religious persecution like their counterparts in north India. Here, Muslims are in a better socio-economic condition. Yet, the rich and poor among them have equally suffered due to the personal law. Hence, they seek solace in the UCC. But they fail to think beyond it, about what could happen if we encouraged a fascist government.
How much does common people know about personal law?
Even educated people do not know. They become aware of personal law only when it affects them. Say, when the head of the family dies or when they have a property issue. Siblings of the dead person have more rights over his/her property than his/her daughters. They even claim a share of the insurance amount citing this clause of personal law.
Political parties have different positions regarding the UCC. The CPI(M) has opposed it openly. But the Congress has not come out with a clear view
I am a Left supporter. But I think the Congress did not want to make a big issue of it now. They have maintained a soft Hindutva stand on many issues in the past. But I don’t think that is the case here. I feel the approach of the Congress is rather mature, trying not to react to this deliberate attempt to create a rift between religious communities. But the other parties that are creating an uproar over opposing the UCC actually are helping the BJP’s agenda. There is likely to be an opinion formation that these parties are encouraging a continuation of the misogyny within the personal laws.
How can there be a change?
People are very selfish. When they can get money, even if they have not earned it, they welcome it wholeheartedly. These kinds of things do not change unless there are strong laws against it. The practice of Triple Talaq changed on its own. But property rights and succession will not change. Law-making is necessary. Special Marriage Act is a way around it. But still there are instances when village officers unknowingly claimed that property rights were not influenced by it. Only educated people who know the law can contest it. But common people do not know how to circumvent it.
Is there a chance that religious bodies would push for a change in Personal Law to nullify the claims of bringing in gender parity?
That is exactly what should happen. The UCC can take away a lot of our rights. We can maintain that if gender parity is really the issue, we are ready to amend personal law accordingly. But instead of convincing religious bodies to do so, political parties are egging them on to oppose the UCC. They are thinking only of the vote bank and hence I cannot stand by them. Without political intervention, religious bodies may have thought about amendments as they graciously accepted the law banning Triple Talaq.
