The Uniform Civil Code debate is often presented as a clash between religion and secularism, but that is the wrong debate. The real question is simpler: Should a woman enjoy different civil rights because of the religion she was born into?
For millions of Indian women, this is not an academic issue. It affects marriage, divorce, maintenance, inheritance and financial security. It shapes everyday life. And for many Muslim women, the stakes are especially high. The strongest argument for a Uniform Civil Code is not national unity. It is women’s equality.
For decades, Muslim women have been at the centre of some of India’s most important legal battles. Consider the Shah Bano case. In 1985, an elderly divorced Muslim woman (Bano) approached the courts seeking maintenance from her former husband. The Supreme Court ruled in her favour. It was a victory for justice. Yet the political controversy that followed sent a different message. Women’s rights became entangled in identity politics. Reform gave way to compromise.
The lesson was hard to ignore. When law and community pressures collide, women often pay the price. The triple talaq controversy exposed the same tension. For years, Muslim women’s groups argued that instant divorce violated their dignity and security. In 2017, the Supreme Court invalidated the practice. The next step was legislative: Prime Minister (PM) Narendra Modi and the Bharatiya Janata Party pushed for a statutory ban, culminating in Parliament’s enactment of the 2019 law. PM Modi has presented that effort as part of his government’s commitment to the welfare and rights of Muslim women.
{{/usCountry}}The lesson was hard to ignore. When law and community pressures collide, women often pay the price. The triple talaq controversy exposed the same tension. For years, Muslim women’s groups argued that instant divorce violated their dignity and security. In 2017, the Supreme Court invalidated the practice. The next step was legislative: Prime Minister (PM) Narendra Modi and the Bharatiya Janata Party pushed for a statutory ban, culminating in Parliament’s enactment of the 2019 law. PM Modi has presented that effort as part of his government’s commitment to the welfare and rights of Muslim women.
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The significance of that judgment went far beyond triple talaq. It established an important principle. No legal practice should escape scrutiny if it undermines equality. That principle should guide the UCC debate.
Take inheritance. Economic independence begins with property ownership. A woman who owns assets has greater security. She has more choices. She is less vulnerable to abuse and abandonment. Yet unequal inheritance rules can leave women at a disadvantage from the start. A modern civil code could ensure that daughters and sons are treated equally. That single reform would have consequences that extend across generations.
The same applies to marriage. A common civil framework can guarantee equal rights and equal responsibilities for both spouses. It can protect women during divorce. It can strengthen maintenance rights. It can ensure proper legal documentation through compulsory marriage registration.
These may sound like technical reforms. They are not. They shape whether a woman can support herself. Whether she can claim her rights. Whether she can live with dignity.
Critics often argue that a Uniform Civil Code threatens religious freedom. That concern should not be dismissed. India’s diversity is precious. People must remain free to practise their faith, observe their customs and preserve their traditions. But there is a difference between protecting faith and preserving inequality.
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A Uniform Civil Code need not tell citizens how to pray. It need not interfere with religious rituals. It need not erase cultural differences. Its purpose should be narrower. To ensure equal civil rights.
In fact, many Muslim women themselves have been demanding reform for years. Their advocacy has often been overshadowed by political noise. Yet their message has been remarkably consistent. They are not asking the State to choose between religion and rights. They are asking for both. That distinction matters.
The debate is frequently portrayed as a conflict between minority identity and women’s equality. But that is a false choice. Muslim women should not have to sacrifice one to secure the other. A well-designed UCC could help overcome that divide. Of course, not every Uniform Civil Code deserves support.
A genuinely progressive code must be fair across communities. It must reform discriminatory provisions wherever they exist. It cannot become a tool for pseudo-secularist politics. Its legitimacy will depend on consultation, consensus and constitutional values.
Most importantly, it must place women at the centre. That is the standard by which any proposal should be judged.
Will it strengthen women’s rights? Will it improve economic security? Will it guarantee equal treatment in marriage, divorce and inheritance? Will it expand freedom and dignity? If the answer is yes, then the case becomes compelling.
The strongest argument for a Uniform Civil Code is not “one nation, one law.” It is something far more powerful. No Indian woman should have fewer civil rights because of her religious identity. It is a constitutional principle, not a majoritarian one. And for many Muslim women, it could become a pathway to greater equality, greater security and fuller citizenship.
Kausar Jahan is chairperson, Delhi State Hajj Committee. The views expressed are personal