In India, only Muslim men are permitted to practice polygamy, and Hindu sons inherit greater shares of their parents’ estates than do their sisters. While one’s religion determines which law will apply to him or her regarding marriage, divorce, maintenance, guardianship, adoption, inheritance, and succession, a common thread woven through all of India’s religious personal law systems is the patriarchal dominance of men and unequal treatment of women. Given the seemingly strong protections of gender equality in India’s Constitution, however, it is at once puzzling how the Indian government can uphold these facially discriminatory laws against women, especially when such laws affect their lives so intimately. In the name of protecting the rights of religious communities, Parliament has thus far skirted its responsibilities to some of the most vulnerable individuals within those communities—the women.

            Care must be taken to move India away from religious personal laws and toward a uniform civil code, as envisioned by Article 44 of the Indian Constitution. At present, the debate over a uniform civil code appears hopelessly divided along both political and religious lines. However, the turmoil is rooted in concerns over the process—and who controls that process—much more so than the concept itself. Needless to say, a uniform civil code constructed by a majority Hindu Parliament will not be accepted as legitimate among minority groups no matter how fairly it may be drafted. The answer, then, lies with promoting a process that brings all concerned voices to the table: men and women of all religious communities must be included. To be successful, a uniform civil code needs to reflect India’s diversity as well as its commitment to equality.