Triple talaq, a thorn in law panel’s circular

The Law Commission of India has sought feedback from the public on implementing a Uniform Civil Code (UCC) via a five-page questionnaire.

But such brevity in seeking views before framing a complex legal policy that would eventually override personal laws might not be able to clear every community’s doubts.

Though the UCC will affect every personal law, including the Hindu Undivided Family, public debate has been revolving around only on “triple talaq”, which is based on the Sharia law-guided Muslim Personal Law. The Law Commission’s questionnaire, however, does not restrict itself only to “triple talaq”. For example, one of the queries is: “Do you agree... a uniform age of consent for marriage across all personal laws (should exit) ”

But people from all faiths who are leading the debate on UCC have divergent interpretations of the proposed legal policy.

“The Muslim society at large views this (UCC) as a political interference. The personal laws can’t be challenged in the name of social reform,” said Maulana Mahmood Madani, national general secretary of Jamiat Ulema-e-Hind, one of the apex Islamic organisations in India. Mr Madani said the National Democratic Alliance government is raking up “triple talaq” since some states are going to the polls soon.

The questionnaire also gives room for negotiations on “triple talaq” — it asks whether this practice should be “retained with suitable amendments”. There is even a question on whether “steps should be taken to ensure Hindu women” are aware of their rights to property. But “triple talaq” remains contentious. The All-India Muslim Personal Law Board (AIMPLB) is skirting the debate on “triple talaq”, said Kavita Krishnan, secretary of All-India Progressive Women’s Association. “They (AIMPLB) are trying to play along with the government on the contentious issue of UCC. This has diverted the attention from the basic issue of gender justice,” Ms Krishnan said.

Former principal of St Stephen’s College Valson Thampu said India is not ready to implement a UCC. “Key issues like gender justice and equality are too important to wait any longer. Unfortunately, the present political climate does not inspire confidence in the communities concerned,” he said.

The Law Commission has also asked whether the two-year waiting period for finalising divorce violates Christian women’s right to equality. A common civil code threatens to take away the cultural rights which the Constitution has given to the people of Nagaland and Manipur, said Lhusino Sale, a former student of Delhi University’s Law Faculty. “Divorce cases have become common even back home. And I think divorce is a personal matter. Why enforce something which is not necessary ” Ms Sale said.