Uniform Civil Code will adversely impact succession, maintenance rights of Muslim women: Jamiat Ulama-i-Hind to Law Commission

Socio-religious organisation Jamiat Ulama-i-Hind has responded to the 22nd Law Commission's notice of June 14 inviting views and ideas of public and religious organisations on the Uniform Civil Code (UCC)..The Law Commission had sought views and suggestions of stakeholders within 30 days..In its representation, Jamiat Ulama-i-Hind objected to the manner in which the exercise is being conducted, emphasizing the absence of clear terms of reference, a blueprint, and a justification for the hurried approach.Consequently, they strongly urged the Commission to refrain from proceeding with the promulgation of the UCC without first obtaining consensus from the respective communities, religious groups, and organizations.They asserted that failure to do so could result in the following significant repercussions:.The rights of individuals and religious denominations under Articles 25 and 26 of the Indian Constitution will be affected.The diversity of the country, which is a basic feature of our social structure, will be affected and this will seriously impact the national integrity of our country. The federal structure and allocated legislative powers of different legislatures of our country, where States and the Centre are free to make laws in their respective areas, will be seriously affected. A mandatory uniform code on family-matrimonial laws will be preposterous to our nation governed by the principles of secularism, a basic feature of the India Constitution and unique to the Indian subcontinent, where existing codes on criminal and civil law are not uniform to begin with and are embedded with inclusive and secular principles based on diversity of the nation. A mandatory uniform code will be a blanket imposition of one identity on a country whose inhabitants bear diverse identities. A uniform code on family laws will severely impact cultural rights protected under fundamental rights. A mandatory uniform code will be affront to the cherished principle of legal pluralism. It will push our country many steps back from inclusivity and tolerance. Under the Muslim Personal Law (Shariat), the burden of maintenance of entire family is upon the husband/father. A code based on strict interpretation of ‘equality’ shall mean the burden of maintenance to be shared by the wife/mother equally. Under the Muslim Personal Law (Shariat), the entire income and property of the woman is exclusively owned by her, not shared by the husband or the children whether during subsistence of marriage or after divorce. A code based on strict interpretation of ‘equality’ shall mean denial of exclusive ownership to her. Under the Muslim Personal Law (Shariat), in the event of divorce or death of the husband, the burden of maintenance of the children shifts to the father (divorced husband), paternal grandfather, paternal uncles or sons until the children attain adulthood. A code based on strict interpretation of ‘equality’ will mean a system where a woman, divorced or widowed, will have to bear the burden of maintenance. Under the Muslim Personal Law (Shariat), a woman receives maintenance during her iddat period. As per Section 125 of the Code of Criminal Procedure (CrPC), a woman is eligible for such a maintenance until she gets married again. Courts have recently opined that even a woman who is employed can seek maintenance from her husband. A code based on strict interpretation of ‘equality’ will mean either women losing the right of being maintained by their husbands or an equal burden of maintenance on a socio-economically disadvantaged class of women. Under the Muslim Personal Law (Shariat), a man pays dower or mahar at the time of marriage. A code based on strict interpretation of ‘equality’ will either mean women being forced to forego their dowers or being coerced to pay dowers to men. The shift in the law of dower will impact the contractual nature of a Muslim marriage. The inheritance law of Shariat is based on the principles of equity rather than equality in a strict sense. Accordingly, since Muslim men have been tasked with the financial responsibilities of maintaining a family, their rights in property have been placed on a higher pedestal in terms of their higher financial responsibilities. Under the Muslim Personal Law, one cannot transfer his property by will in favour of any of the legal heirs whether man or woman. A will, further, is not permitted of more than one-third part of a testator’s property. Under the codified applicable Hindu law, the distribution of the entire property in favour of one’s sons—disadvantaging Hindu women—has remained a social predicament.