Triple talaq verdict revives civil code debate

Aditi Tandon

Tribune News Service

New Delhi, August 23

The Supreme Court order declaring instant triple talaq unconstitutional has revived the debate around Uniform Civil Code (UCC), one of the three core election promises of the ruling BJP aside abrogation of Article 370 and construction of Ram Temple at Ayodhya.

Experts feel the SC judgment on triple talaq makes significant observations that open the doors for the enactment of Uniform Civil Code (UCC). “Some observations in the majority judgment of the apex court open the door for Uniform Civil Code, especially where the court says personal laws can be tested against the touchstone of the Constitution. This means even polygamy can go and any personal law that discriminates against women can go. Doors for UCC stand tentatively opened,” senior SC lawyer Colin Gonsalves told The Tribune.

His view was backed by women’s rights lawyer Neela Gokhale who said UCC’s moment had come. “Armed with the SC judgment on triple talaq, the government should now move on UCC. Yesterday’s judgment deals with a limited issue of instantaneous triple talaq. Major challenges confronting Muslim women will be addressed only with a uniform code. Today Muslim women have no provision to seek restitution of conjugal rights. They have to file separate petitions for securing maintenance, for getting custody of children and for other such things. This will end with one civil law for all communities.”

Politically, the debate has begun dividing the Congress. Although officially the Congress maintains it is mischievous to link the SC judgment on triple talaq with UCC, privately a silent minority within the party backs the idea of one code and feels the judgment somewhat cements it. “In no other country do we have separate laws for citizens. One nation must have one civil law,” a Congress senior said even as the party officially downplayed the issue saying UCC was only part of Directive Principles of State Policy.

Abhishek Singhvi, senior Congress leader, argued the SC’s triple talaq judgment and UCC were unrelated. “Triple talaq issue was argued under Articles 14 and 25 of the Constitution while UCC is part of the Directive Principles. Even there it is supposed to be a matter of broad national consensus. The very basis of SC judgment yesterday was that religions personal law should not be lightly interfered with in a generic sense. It is therefore mischievous to link UCC with the triple talaq debate,” Singhvi said.

Congress spokespersons have also been insisting that UCC to become part of the Constitution would need a constitutional review by the government as it is currently in the Directive Principles. But experts disagree. Neela Gokhale notes that Directive Principles oblige the state to endeavour to do something and are enough to inspire the government to enact UCC.

Constitutional luminaries, meanwhile, feel that while UCC is desirable, intentions of the BJP government would be watched. “Secularisation of Muslim personal laws is desirable and, therefore, UCC is desirable. But the government must move with clean intentions and not with political intentions,” says PDT Achary, who was Lok Sabha Secretary General under Congress-led UPA.