DEHRADUN: An Indian state announced on Monday it had begun implementing a common civil code to replace religious laws, stoking fear among minority Muslims of a looming nationwide rollout by the Hindu-nationalist ruling party.

Introduction of a Uniform Civil Code (UCC) to replace India’s patchwork of laws on marriage, divorce and inheritance has been a longstanding goal of Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP).

The northern state of Uttarakhand, taking in much of the Indian Himalayas, on Monday became just the second Indian state to implement such a law.

Goa, the beach resort state on India’s west coast, is the only part of the country that already had a common civil code — introduced when it was still a Portuguese colony.

Muslim leaders say law challenges Islamic tenets on divorce, marriage and inheritance

Supporters say the UCC gives Muslim women the same rights as others by ending polygamy, setting equal property inheritance rights for sons and daughters, and requiring divorce processes take place before a civil court.

It also makes it mandatory for couples to register live-in heterosexual relationships — or else face a three-month jail term or a fine.

Uttarakhand Chief Minister Pushkar Singh Dhami announced the law’s enactment at a press conference, saying the UCC would bring about “equality”. “This code is not against any sect or religion. Through this, a way has been found to get rid of evil practices in the society,” added Dhami.

The BJP has long campaigned for a standardised civil code but that has fuelled tensions, especially among minority Muslims who say such a move would infringe on their religious freedoms.

Critics see its introduction in Uttarakhand as part of signal from the BJP to its base and a promise to implement the UCC nationally. Other BJP-ruled states such as Uttar Pradesh and Madhya Pradesh have signalled plans to bring in their own civil codes.

‘Attack on identity’

Muslim leaders say the UCC challenges Islamic laws on divorce, marriage and inheritance. “This is an attack on our identity,” Asma Zehra, president of the All India Muslim Women Association, told AFP.

This move would create “huge challenges” for Muslim women because it would lead to a conflict between state laws and those of their faith, she said.

“This law is totally biased against Muslims and is a manifestation of Islamophobia,” she added.

Other clauses of the newly minted law also sparked objections, including the mandatory registration of partners living together.

“It is absolutely contrary to the right to privacy and personal autonomy,” senior lawyer Geeta Luthra told AFP. The state should not enter into the realm of what citizens do consensually, Luthra added. The Uttarakhand assembly had passed the UCC bill in February last year.

Published in Dawn, January 28th, 2025