Uniform Civil Code versus Muslim civil right

Uniform Civil Code is obviously an attempt by the ruling political dispensation to evolve a public discussion around ‘Muslim life’. The most important reference point is the triple talaq among Muslims and polygamy practices. It is hardly possible for a ‘civilized person’ to support this. However, the popular image built around UCC is it is progressive for Muslim women. BJP-RSS campaigns on UCC are about this critical point. The established position of All India Muslim Personal Law Board on triple talaq in fact created a public consensus for the Bill. However, the fact is that the board hardly endorsers any liberal social-religious view of the Muslim community. Such conservative male dominant ‘Islamic perspective’ is getting wider visibility now. BJP and RSS are making it as if UCC is a mercy shown by the government towards Muslim women.

The fact is that the code is presented to the public as an effort to save the nation from internal threats- a threat on the uniqueness of religious nationalism. Who is debating on behalf of the Muslim community? Established conservative male religious managers are vociferous about UCC but do not give any chance to liberal voices or oppressed Muslim women to articulate themselves on the code and triple talaq. The current debate on the code opens multiple opportunities for the Muslim community in particular, since the Christian leaders have expressed their support for UCC. Now it is a direct engagement between Muslims and BJP-led government but it is not a democratic dialogue between the two. BJP and RSS prefer to discuss and debate the Muslim personal life and not fundamental problems of the Muslim community. The very purpose is to create the public image of ‘a violent and intolerant Muslim life’.

Anti-Civil Code and ‘anti-religion’
The All India Muslim Personal Law Board, Muslim League and different Muslim organizations have come down heavily on the proposed UCC bill. These organizations have a well-established anti-liberal attitude towards Islam and Muslim. Muslim League has failed to provide the adequate political space for women in the party. The League practises conservative Islam, which does not encourage any criticism from within on Muslim religious life. This prevents them from articulating the fact that divorce and polygamy are not common among Indian Muslims. The very limited institutional interpretation of Islam creates a public image that these are permitted to Muslims. Also polygamy and triple talaq are not part of the Islamic belief system. Polygamy is permitted in certain historical contexts and not for any common situation.

It is also important to note the fact that Indian Muslims still abide by the general rule of law of the nation even on daily practices. It is evident from the number of Muslim divorce cases at family courts and property disputes. This being the truth, the government and the BJP centre the debate on triple talaq, which, as already mentioned, is not part of the Islamic faith. Social organizations are ill-equipped to oppose UCC because they have not supported efforts within the community to question the structure of religious power. They have always subjugated women and prevented them being active in public life. So their credibility to defend religious rights of Muslims is largely dubious. The primary concern is to protect their wealth and institutions and not end the oppression within the community.

The anti-UCC movement should come from oppressed sections within the community and not from any elite Muslim organization. Not necessarily from men belonging to the upper echelons of the social class. So, it is the responsibility of the oppressed women and marginal sections to fight the code. This Code is a political instrument of BJP to paint the Muslim public sphere as antisocial. It may be aimed at short-term gains during UP elections and the long-term aim of installing the ‘Muslim Other’. The Government is not concerned about poverty among Muslim community. The material prosperity of Muslims is not its agenda. Interestingly triple talaq helps BJP to get public support. Intellectuals and activists favour getting rid of triple talaq.

It also explains the fact that the government and the public to a great extent have no clear understanding of the Muslim community in the country. The attempt is to invest the community a homogeneous character and neglect the heterogeneous nature of daily lives and religious practices of Muslims. Such narrow institutional interpretations of the Muslim life are a digression from critical issues within the community. It forces Muslims to defend practices just because of the absence of public debate and lack of participation in the public sphere.

(Author is assistant professor at Tata Institute of Social Sciences)