Non-codified Muslim personal law has posed significant challenges for women: NCW

The non-codified nature of Muslim personal law has led to misinterpretation and posed significant challenges for Muslim women, the National Commission for Women said during a deliberation on Saturday.

The National Commission for Women (NCW) held the deliberation to discuss the rights of Muslim women, with a specific focus on reviewing Muslim Personal Law.

The consultation took place in the backdrop of the Law Commission's recent call to seek responses from various organisations and the public regarding the implementation of a Uniform Civil Code.

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The NCW highlighted the negative impact of the non-codified nature of Muslim personal law, which has led to misinterpretation and posed significant challenges for Muslim women.

The chairperson of the NCW, in a statement, underscored the urgency of codified laws. She questioned whether a law that fails to protect the rights of Hindu, Christian, Sikh, and Buddhist women can truly be considered only for Muslim women. The need for codified laws was deemed crucial, with a strong call to work towards a legal framework that guarantees equal rights for all, regardless of their religious affiliation, the statement added.

“The discussion also emphasised that the absence of a Uniform Civil Code has perpetuated inequalities and inconsistencies in our diverse nation, hindering progress towards social harmony, economic growth, and gender justice,” the NCW said in a statement.

The deliberation saw the participation of key stakeholders, including the Attorney General of India, the Additional Solicitor General from the Supreme Court, representatives from high courts, Vice Chancellors of law universities, legal luminaries, and civil society organisations.

During the deliberation, R Venkataramani, the Attorney General of India, emphasised the need for reforming and strengthening the institution of marriage. He stressed the importance of equal regard and status for men and women, along with ensuring equality in processes that uphold the dignity of individuals entering and exiting marital relationships, irrespective of their religion.

Other important points discussed during the deliberation included the need to reform the divorce process, transforming it into a judicial process with exceptions for divorce by mutual consent. Furthermore, the participants emphasised the need to reform inheritance rights based on universal principles governing succession, both testamentary and intestate.