Road ahead: End of triple talaq a gateway to Uniform Civil Code?

NEW DELHI: The SC ruling that arbitrary personal laws cannot seek refuge under the ‘Freedom of Religion’ right and that ‘Equality before Law’ is supreme, is likely to be a valuable touchstone for the Law Commission while handling contentious issues under the Uniform Civil Code (UCC).

With SC upholding the dignity of Muslim women by abolishing the discriminatory triple talaq, similar gender justice may be on the anvil for Christian and Hindu women. The Law Commission is exploring how to reform seemingly defective practices in personal laws of other religious denominations as well.

Having recognised such ‘defects’, the Commission is considering whether the two-year period of wait for finalising a divorce for Christian women violates their Right to Equality. The Commission is considering if the waiting period should be made uniform across all marriages. Or, if the period is sufficient and in keeping with the religious sentiments. It is also looking into whether “all religious denominations should have common grounds for divorce”.

Likewise, the Commission is looking into the steps, if any, to be taken to “ensure that Hindu women are better able to exercise their right to property which is often bequeathed to sons under customary practices”.

The Commission is contemplating how compulsory registration of marriages can be implemented in a better way. What measures need to be taken to protect couples who enter into inter-religious and inter-caste marriages are also being considered.

Whether there should be a uniform age of consent for marriage across all personal laws and customary practices is also being looked into.

“We have made it abundantly clear that no action in this regard (UCC) will be taken in haste. All stakeholders will be consulted and only after receiving a larger and meaningful consensus, a report will be submitted,” said a senior official. Another senior government official told ET: “The theme of SC’s verdict is that if any defective personal law or practice infringes equality before law then such defective practice(s) cannot find protection under Freedom of Religion”.