The BJP has once again raised the issue of a Uniform Civil Code (UCC) for all Indian citizens,  posed in a way that presents the BJP as ‘secular’ and pro-women, and opponents as communal or ‘pseudo-secular’ and anti-women. Since Independence, there has been very little change in the contours of the debate in the public domain, both within the BJP as well as among public intellectuals not necessarily aligned with the Hindu Right. The only change that has come about since the 1990s is that the UCC is now also posed as a ‘women’s rights’ issue and not only as a matter of national integrity, which requires the eradication of multiple legal systems. This new equation of ‘women’s rights’ with the UCC is at least partly a result of the interventions by the women’s movement in the debate in the 1990s. However, within BJP (and mainstream) discourse, it is assumed that only minority women need saving, for ‘we Hindus’ have already given ‘our’ women equal rights.

The women’s movement has developed this debate in complex and multiple directions over the decades, which this essay will briefly outline.

The debate over the UCC in contemporary India is produced by the tension between two notions of rights in the Fundamental Rights (Part III) of the constitution. The bearer of rights is both the individual citizen and the collectivity – the former is the subject of Articles 14 to 24 which ensure the individual’s rights to equality and freedom and the latter of Articles 25 to 30 which protect religious freedom and the educational and cultural rights of minorities [1]. It is from the latter that religious communities derive the right to be governed by their own ‘Personal Laws’. Since these Personal Laws cover matters of marriage, property inheritance and guardianship of children, and since all Personal Laws discriminate against women, the tension in Part III of the constitution can be read as a contradiction between the rights of women as individual citizens and those of religious communities as collective units of a democracy. Continue reading Uniform Civil Code – the women’s movement perspective →