Gender inequalities in our legal system are sadly a reality, which is why there is a compelling argument for a Uniform Civil Code.
On 8 March 2024, the world celebrated International Women’s Day. As Maha Shivratri also fell on that day, it became a day to celebrate the divine manifestation of both Shiv and Parvati. Over the years, a great deal has been done by the government as well as by civil society to create a gender-equal Bharat, shorn of biases, stereotypes, and discrimination. But this is still a work in progress. While men and women are different biologically, the differences manifesting in multiple ways, that should never be grounds for discrimination. Rather, while accepting and celebrating differences, we need to ensure that man-made laws also reflect equity and inclusiveness.
In Bharat’s civilisational ethos, women have always held pride of place in society. The Vedas unequivocally state that women are the embodiment of great intellect and virtue. Women and men were seen as equals, reflecting the egalitarian values of society. As per the Atharva Veda, women are an integral aspect of society, while the Rig Veda states: “O scholarly woman, the entire life of society depends upon you. You provide us the right knowledge. May you bring knowledge to all segments of society.” (Rig Veda 2.41.17). The Rig Veda also states: “Parents should gift their daughter intellectuality and power of knowledge when she leaves for the husband’s home. They should give her a dowry of knowledge.” (Rig Veda 10.85.7). Bharat›s holy scriptural epics, the Ramayana and the Mahabharata also convey a powerful image of the affirmation and empowerment of women. It is this synthesis of the male and female form, in a spirit of cooperation and appreciation, that leads to societal progression.
What happened to Bharat then, over the last one thousand years plus? How did Bharat change? It perhaps started with the Islamic invasions of India which began in the eighth century, continuing up to Mughal rule in the sixteenth and seventeenth centuries, followed by British rule with its Victorian prudery. The noted historian Satish Chandra states in his book, “Medieval India” that the practice of keeping women in seclusion was brought by the Arabs and the Turks to India. The growth of the purdah was attributed to the fear of the Hindu women being captured by the invaders and being treated as “prizes of war”. This led to the seclusion of women and consequently, their isolation from all forms of decision making processes. As a result, over time, their status in society became subordinate to the male. This is also reflected in social attitudes and mores, wherein “suitable” roles for women came to be identified with the place of a woman being confined for the most part to the kitchen and other household chores.
Post Independence, the need for gender justice has been continuously iterated. An important aspect of gender justice, implemented in Bharat immediately on gaining Independence was the universalisation of adult suffrage, without discrimination on the basis of gender, caste, creed, religion or any other factor. Stress was also laid on female emancipation and education of the girl child. During the last decade, this push has received a major boost by the Narendra Modi-led NDA government through financial inclusion, building of toilets in schools which has increased school attendance by the girl child, programmes such as “Beti Bachao, Beti Padhao”, and many other schemes. But a lot has still to be done in terms of legal jurisprudence, especially in terms of instituting laws which do not discriminate on gender grounds. A recent example is the observation given by the Allahabad High Court, which denied protection to the petitioner—a Muslim woman who was in a live-in relationship with a Hindu man. The woman had been deserted by her husband who then went on to marry another woman. Thereafter, the petitioner began a live-in relationship.
The single-judge bench of Justice Renu Agarwal observed that a legally wedded Muslim wife cannot go outside marriage and her live-in relationship with another man would amount to “zina (fornication)” and be “haram (forbidden)” as per Shariat. Though the woman petitioner feared threat to her life from her father and other relatives, her plea for protection was rejected by the Bench, on the ground that the “criminal act” of the woman “cannot be supported and protected” by Court. As per the Court, the petitioner woman had not acquired any divorce decree from appropriate authority from her husband and therefore, her being engaged in a live-in relationship with another man was in contravention to provisions of Muslim law (Shariat). She was thus liable to be prosecuted under IPC Sections 494 (marrying again during lifetime of husband or wife) and 495 (same offence with concealment of former marriage from person with whom subsequent marriage is contracted).
Regardless of the merits of the case, the judgement is troubling. Does a Muslim man have the right to abandon his wife, like a broken piece of furniture? If the woman has committed a crime, as per Shariat, does the Shariat support the actions of the man? More importantly, should not such cases be decided, not on the moral argument, but on the principles of natural justice? Does not the discarded Muslim woman have the right to live her life as per her own dictates?
Gender inequalities in our legal system are sadly a reality, which is why there is a compelling argument for a Uniform Civil Code. Article 14 in the Directive Principles of State Policy, Part IV, of the Indian Constitution, makes mention of the same, wherein it states: «The State shall endeavour, to secure for the citizens a uniform civil code throughout the territory of India».
Despite the great push towards a more gender neutral society over the last seventy-seven years, we still see gender inequality in our homes, in our communities, in workplaces, in cinema and also sometimes in school textbooks. The outstanding performance of some women leaders in various fields does not take away from the fact that we still live in a patriarchal society, where many of the gender discriminatory attitudes and structures still exist. While political and social initiatives are an ongoing effort to remove structural and societal biases, we need to look into our legal system too, to advance and advocate gender-neutral laws. Hence the need for a Uniform Civil Code. This is vital, not just for gender equality, but also to enable Bharat to grow to its full potential.
The author is Director, India Foundation.