The BJP, among others, has frequently promoted an understanding, through its well oiled propaganda machine (RSS) that Hindu personal law, post the 1950s, has already been codified and amended and is therefore no longer in need of further reform. The presumption that follows is that in putting in place a uniform civil code, the personal laws of different communities should be altered so as to more closely resemble the already reformed structure of Hindu personal law.
This presumption does not, however, hold up under closer scrutiny. Dr BR Ambedkar famously resigned as Law Minister on this issue and it was only in 1955-56 that parts of it were pushed through by India’s first Prime Minister, Jawaharlal Nehru as the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act and the Hindu Adoption and Maintenance Act. Arguably many of the more egalitarian and liberal customary provisions available for women were lost when this codification took place.
Besides, there are features of Muslim Personal Law that are more equitous for women than Hindu Personal Law – the Muslim marriage as contract protects women better in case of divorce than the Hindu marriage as sacrament; the Muslim law of inheritance protects women’s rights better than Hindu law, and the right of mehr, which gives Muslim marriage the status of a civil contract, is the exclusive property of the wife. The provision that a third of a Muslim man’s property needs by right to be available for his first wife, is not a right available to Hindu women. Hindu men continue to refuse to surrender their ‘inalienable’ right to make a will over their entire property.
This presumption does not, however, hold up under closer scrutiny. Dr BR Ambedkar famously resigned as Law Minister on this issue and it was only in 1955-56 that parts of it were pushed through by India’s first Prime Minister, Jawaharlal Nehru as the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act and the Hindu Adoption and Maintenance Act. Arguably many of the more egalitarian and liberal customary provisions available for women were lost when this codification took place.
Besides, there are features of Muslim Personal Law that are more equitous for women than Hindu Personal Law – the Muslim marriage as contract protects women better in case of divorce than the Hindu marriage as sacrament; the Muslim law of inheritance protects women’s rights better than Hindu law, and the right of mehr, which gives Muslim marriage the status of a civil contract, is the exclusive property of the wife. The provision that a third of a Muslim man’s property needs by right to be available for his first wife, is not a right available to Hindu women. Hindu men continue to refuse to surrender their ‘inalienable’ right to make a will over their entire property.