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NEW DELHI: The National Commission for Women (NCW) on Saturday called for “codification of Muslim personal law and the need to revisit marriage, divorce and guardianship laws”. The commission said that the non-codified nature of Muslim personal law has led to misinterpretations and posed challenges for Muslim women.
The assertions, at a national consultation organised by the NCW on the rights of Muslim women in the context of reviewing Muslim personal law, gain significance as they come at a time when the Law Commission has sought public opinion on the Uniform Civil Code.
“The discussions emphasised that absence of UCC has perpetuated inequalities and inconsistencies in our diverse nation, hindering progress towards social harmony, economic growth and gender justice. The non-codified nature of Muslim personal law poses challenges for Muslim women, arising from misinterpretation,” the NCW said.
The commission’s chairperson Rekha Sharma added, “If a law cannot serve the rights of Hindu, Christian, Sikh, and Buddhist women, can we truly say it is just for Muslim women? The need for codified laws is urgent. We need to work towards a legal framework that ensures equal rights for all, regardless of religion.”
At the consultation, attorney general R Venkataramani highlighted the need for reforming and strengthening the institution of marriage. He emphasised on equal regard and equal status for men and women and equality of processes, ensuring dignity in entering and exiting marital relationships irrespective of religion.
Before the national consultation, a series of regional symposiums were organised by the commission since December last year. The NCW will compile all the recommendations and will share them with the ministries of law, women and child development, minorities affairs and the Law Commission.
“The principle of natural guardianship should rest jointly with parents as a rule, and custody should be based on the best interests of the child. Other points discussed included reforming divorce as a judicial process, with exceptions for divorce by mutual consent, and the need to reform inheritance rights based on universal principles governing succession, both testamentary and intestate,” the NCW said.
Those calling for codification have been arguing that Muslim personal law should be interpreted in a wider sense and in accordance with the fundamental rights and constitutional rights of women. They say there is a need to ensure that the codification of Muslim family law is based on the Constitution and the Quran.
The consultation was attended by additional solicitors general, vice chancellors of law universities, legal luminaries and civil society organisations.
The assertions, at a national consultation organised by the NCW on the rights of Muslim women in the context of reviewing Muslim personal law, gain significance as they come at a time when the Law Commission has sought public opinion on the Uniform Civil Code.
“The discussions emphasised that absence of UCC has perpetuated inequalities and inconsistencies in our diverse nation, hindering progress towards social harmony, economic growth and gender justice. The non-codified nature of Muslim personal law poses challenges for Muslim women, arising from misinterpretation,” the NCW said.
The commission’s chairperson Rekha Sharma added, “If a law cannot serve the rights of Hindu, Christian, Sikh, and Buddhist women, can we truly say it is just for Muslim women? The need for codified laws is urgent. We need to work towards a legal framework that ensures equal rights for all, regardless of religion.”
At the consultation, attorney general R Venkataramani highlighted the need for reforming and strengthening the institution of marriage. He emphasised on equal regard and equal status for men and women and equality of processes, ensuring dignity in entering and exiting marital relationships irrespective of religion.
Before the national consultation, a series of regional symposiums were organised by the commission since December last year. The NCW will compile all the recommendations and will share them with the ministries of law, women and child development, minorities affairs and the Law Commission.
“The principle of natural guardianship should rest jointly with parents as a rule, and custody should be based on the best interests of the child. Other points discussed included reforming divorce as a judicial process, with exceptions for divorce by mutual consent, and the need to reform inheritance rights based on universal principles governing succession, both testamentary and intestate,” the NCW said.
Those calling for codification have been arguing that Muslim personal law should be interpreted in a wider sense and in accordance with the fundamental rights and constitutional rights of women. They say there is a need to ensure that the codification of Muslim family law is based on the Constitution and the Quran.
The consultation was attended by additional solicitors general, vice chancellors of law universities, legal luminaries and civil society organisations.
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