A new Indian civil code has sparked a wave of criticism with local Muslims claiming it is an attack on their freedom to practise an Islamic lifestyle, outlawing concepts such as polygyny.
The north Indian state of Uttarakhand has become the first Bharatiya Janata Party (BJP)-ruled region to enforce the Uniform Civil Code (UCC), replacing religious-based personal laws governing marriage, divorce and inheritance.
The move, long championed by the ruling BJP, has received a backlash from India’s Muslim minority and civil rights activists, who say it threatens their religious freedoms.
Announcing the law’s implementation at a press conference on January 27, Uttarakhand’s Chief Minister Pushkar Singh Dhami, a BJP leader and close ally of Prime Minister Narendra Modi, said the UCC would “bring equality” and eliminate all forms of “social evils.”
He said: “This code is not against any sect or religion. It is a step towards justice and uniformity.”
Uttarakhand’s adoption of the UCC follows its passage in February 2023, making it the second Indian state to implement such a legal framework.
The BJP, a Hindu majority nationalist party, are the party of power in India which has been condemned in the past for furthering an agenda of Hindu supremacism or the infamous Hindutva ideology.
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A Hindu nationalist agenda
The BJP has advocated for a nationwide UCC, arguing that India’s diverse religious personal laws, which govern Hindus, Muslims, Christians, and tribal communities separately, should be replaced with a single legal framework to promote national integration.
In Uttarakhand, the new law mandates uniform inheritance laws across religions, ends polygyny among Muslims, and orders mandatory registration of live-in relationships with penalties for non-compliance.
Polygyny (having more than one wife) is permitted in Islam and is a tradition practised as far back as the time of the Prophet Muhammad PBUH.
While BJP leaders hail the move as a step toward so-called gender justice, Muslim organisations, legal experts and rights activists argue that the law is biased, selectively targeting Muslim practices while leaving Hindu personal laws largely untouched.
Jamiat Ulama-i-Hind, India’s largest socio-religious Muslim organisation, called the law an “assault on religious freedom”, vowing to challenge it in court.
“This law is not about equality, it is about discrimination. It is designed to impose a Hindu civil code on Muslims and other minorities under the guise of legal uniformity.”
Asma Zehra, president of the All India Muslim Women Association, said the law erodes minority rights and creates unnecessary legal conflicts for Muslim women.
“This move is an attack on our identity. It forces Muslim women into a legal framework that disregards our religious beliefs.”
Student activist Safoora Zargar echoed these concerns, calling the UCC “a violation” of fundamental rights.
“As a Muslim woman, I feel my freedom is being taken away. This law undermines the constitutional protections for minorities and threatens Indian democracy,” she said.
The new law also criminalises unregistered live-in relationships, requiring couples to formally register their relationship status or risk a three-month jail term or a fine.
“This is a direct attack on personal autonomy,” said senior advocate Geeta Luthra. “The government should not be policing private relationships in a democratic country.”
Hindutva terror
Under the leadership of the BJP, headed by Prime Minister Narendra Modi, India has witnessed a sharp rise in both Islamophobic policy making and violence against Muslims.
The BJP are considered a Hindu nationalist party which seeks to empower Hindu dominance in Indian politics and society.
Muslims have faced increased discrimination across India, with Hindu hate preachers peddling Islamophobic conspiracy theories accusing Muslims of converting Hindu girls via “love jihad.”
Hindu radicals have engaged in vigilantism against Muslims suspected of dealing cow meat. These vigilante groups used fear and violence to protect cows, an animal considered sacred in Hinduism.
Mosques all across India are also under siege as mobs of extremists or the state itself have attempted to force through mosque demolitions at various times in recent years.
The destruction of the famous Babri Masjid in 1992 was the most prominent example.
Since then India’s Hindu nationalists appear to have become emboldened and mosques are targeted on a yearly basis all over India.
