PERSONAL LAW

Resolution of AIDWA National Convention on Equal Rights, Equal Laws

New Delhi, 9-10 December, 1995

Six months before the general elections, the slogan for an immediate uniform civil code (UCC) has been raised, as a campaign issue, by the BJP and the so-called Hindutva platform. In response, the platform of Muslim fundamentalists has strongly opposed it and the Prime Minister has also declared the government stand of non- interference.

This Convention totally rejects the framework for the issue as sought to be determined by the fundamentalists. Their arguments, either for or against the UCC are limited to a framework of uniformity between Communities. They deliberately ignore the crucial aspect of uniformity" within communities i.e., between men and women, whereas we emphasize the latter.

The Convention condemns the propaganda of the HP for an immediate uniform civil code which is directed against the Muslim community. It protests against its hypocritical claim that it is motivated by concern for women's rights, in this case Muslim women. It is this very political platform which in its earlier carnation as the Hindu Mahasabha and the Jana Sangh had led the opposition to any reform in Hindu laws leading to an opportunist compromise at the cost of women's equality. It is the BJP which has to share the responsibility, along with the then Congress Government for the unequal position of Hindu women in matters of property, custody, guardianship, adoption, bigamy, etc. Nor has there been any change in its position from those days. Today the BJP rules in many states. It is the largest opposition party in Parliament but it has not taken a single step to ameliorate the legal inequalities and infirmities faced by Hindu women under Hindu personal law.

This Convention holds that the BJP demand for the uniform civil code is nothing but a garb for imposing a Hindu code on all the religious minorities, in line with its commitment to establishing a Hindu Rashtra. Its current stance of taking the best of all laws as the basis for the UCC is also flawed, since, as far as women's rights are concerned, the best of all existing laws are still inadequate and full of loopholes and will still be a bad law for women. An umbrella legislation combining existing laws as advocated by the BJP will be nothing but uniformity of male privilege.

This Convention also expresses its opposition to the UP's attempt to convert the proposition of a uniform civil code into an instrument to impose uniformity on a particular community in the name of national integration national unity. We believe that it is not uniformity but equality which has to be the basis for national unity and integration. In any case, in every other sphere such as criminal law, there is uniformity. However, the BJP by its rabid communal propaganda against the minority communities, in fact poses the greatest threat to national unity.

This Convention calls upon all women and all secular forces to strongly combat the BJP propaganda on this issue as it is motivated by its hidden agenda of rousing hostility against the Muslim community and thus is harmful for the country, apart from being inimical to the interests of Indian women.

The Minority Fundamentalist Platform

This Convention strongly protests against the stand taken by minority fundamentalist platforms, principally by the Muslim fundamentalists, that interference in personal laws is an attack on the religion itself. This argument is used not only against the concept of uniform laws, but also against any reform within personal law itself. It is this completely indefensible and objectionable stand of the fundamentalists within the community which has resulted in the reality that Indian Muslim men have more privileges in many areas vis-a-vis Muslim women than in any other country in the world, including Islamic countries. In particular, the arbitrary nature of the male right to divorce through the triple talaq system as well as the right to polygamy as practiced in India to deeply against the very concept of human rights. This Convention notes that Islamic scholars and Muslim women have argued that the privileges appropriated by Muslim men in India go against the spirit and text of the very religion they seek to protect. It also welcomes the recent conferences held by such scholars which have stressed the need for reform in the personal laws.

This Convention asserts that the present perception of the minority community and some political parties excludes one half of the community, that is the female half. Laws which are oppressive to women are defended by the fundamentalists as being sacrosanct, but practices which are alien to the community and religion are never opposed by them. For instance, the vile system of dowry. Attempts to extend their control over women were also seen in the recent fatwas by certain sections of the clergy prohibiting Muslim women from contesting elections on grounds of being unislamic. Women rejected this call as being an unwarranted interference in their democratic rights as citizens. Just as in the case of the Hindu fundamentalists, those of the minority community also are basically opposed to the concept of women's rights and dignity which is masked by reference to religious mandates.

This Convention disagrees with the position adopted by certain sections of secular forces which seek to downplay the positions taken by fundamentalists in minority communities on gender issues, on the grounds that it will weaken the main struggle against the Hindu communalists led by the RSS-BJP combine. While undoubtedly, fundamentalism of the majority community is always more dangerous, secular principles cannot be defended by compromising with fundamentalists in the minority community.

This Convention strongly criticizes the total hypocrisy of the Government's stand on non-interference, on the ground that it should come from within the community. This seemingly reasonable position supporting community involvement for change, actually conceals the thoroughly opportunist positions of the government and ruling party of directly interfering in the community in favor of the most fundamentalist and patriarchal forces for narrow opportunist political considerations.

This Convention condemns the government and the Congress party for equating minority communities with the fundamentalists. There are important reformist sections within the communities, including women, whose opinions and voices have always been ignored by the Government.

This Convention demands that the Government reverse this policy and mandatorily consult these sections in matters concerning the community. Today, the debate for a uniform civil code and for personal law reform has to be taken out of the realm of communal propaganda.

This Convention advocates a step-by-step approach to strengthen the common legal ground for women of all communities by bringing in legislations in specific areas with immediate effect. This will provide benefit to all Indian women in important spheres as well as strengthen their unity. At the same time the existing personal laws of all communities need drastic reform to make them more equal. It is a combination of both these efforts which will strengthen at least two essential aspects of gender justice of equality and common laws. This in turn will help women to come closer to their demand of equal and uniform laws for all women in all areas including those at present governed by personal laws.

This Convention resolves to push forward the frontiers of secular, equal laws by launching agitations for reform in specific areas. For instance, the incidence of desertion and abandonment is increasing in all communities. Apart from the question of maintenance, another important question is that of the property acquired after marriage. At present, in a substantial number of cases the male is the earning member and the female is responsible for the unpaid domestic work, which since it is not measured in cash terms in rarely recognized. The expenditure of the family saved through this work and the dependance of family welfare on it is also not calculated. The property acquired after marriage is considered a part of male earning and is almost invariably in his name. If the marriage breaks or the woman is deserted her share of the property by virtue of her unpaid labor is denied to her. This happens in all communities. What is urgently needed is a law which will guarantee equal rights to women in acquired matrimonial property. This will strengthen the rights of women of all communities.

Another example is that of registration of marriages. At present the only limited form of compulsory registration of marriage is among he Muslim community through a nikkah nama. Women of all communities are adversely affected by the lack of a legal provision for compulsory registration of marriages. For example, the increase in bigamous marriages among Hindus is difficult to prove because of lack of registration.

The question of child marriage in different communities could also be more easily prevented by compulsory registration. Such registration will in no way affect the religious rituals or practices of different communities but would be in the same manner as registration of births and deaths of all citizens of all communities. With the opportunity provided by Panchayati raj institutions, births, deaths and marriages should all be registered at the panchayat level. This should apply to all communities.

A third example is that of domestic violence. The incidence of violence within the family is one of the major areas of deep concern to women. At present there is no comprehensive law against domestic violence. Although this would come technically under the purview of criminal law, it actually relates to the family and family relations. A democratic family code needs to be brought on the agenda of Indian women, but as an immediate step, at least one aspect of family relations, that is, oppressive mental or physical behavior or actions against women within the family, should be taken up immediately as an area for legal intervention.

More such areas can be identified. While joining hands in this struggle for secular laws, women of different communities will have to take the initiative in alliance with male reformers within their respective communities to push for reform in personal laws. While it is true that women's equality would require going far beyond the limited framework provided by laws based on religion, this aspect of reform is an essential part of the Movement for equal and common secular laws.

This Convention resolves to express active solidarity with women in different communities agitating for reform within their own personal laws.

This Convention believes that the slogan of equal rights and equal laws is appropriate for the struggle of Indian women for gender justice in the present context of Indian political realities. It calls upon secular and democratic forces including women's groups and organizations to place this positive agenda before the people of this country and to mobilize mass support for it. Not Uniformity of Male Privilege but Equality of all Men and Women!

Break the present uniform code of patriarchy through equal laws!

Women are also part of the community Reform personal laws!

Ban the use of religion for political purposes! Down with fundamentalism!

Strengthen the Secular Forces - Long Live Women's Unity! People Unity!

Strengthen the Bonds Between the Women's Movement and other Democratic and Progressive Movements for Justice!

(Source: The People's Democracy. 17 December, 1995)