If gender parity is the issue, amend personal law instead of rolling out UCC, says Khadeeja Mumtaz

Dr. Khadeeja Mumtaz explains why amendments to personal laws are necessary rather than the proposed implementation of the UCC. She argues that the BJP's track record and the fear of Hindutva forces make the UCC a scary prospect.

Dr. Khadeeja Mumtaz, 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).

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.

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.

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.

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.

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.

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.