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Express Tribune
06-07-2025
- Politics
- Express Tribune
Can uniform law survive a plural society?
Pakistan's parliament has passed the eagerly awaited Islamabad Capital Territory Child Marriage Restraint Act, 2025 restricting marriage below 18 years of age, meanwhile, the Council of Islamic Ideology and conservative parties have challenged the bill publically and in the Federal Sharia Court. Similar developments are seen in neighbouring India, which endangers the enforcement of rights in a completely different way. India's Uniform Civil Code (UCC) is a bill pending in the Indian national assembly (Lok Sabha) which has long been a constitutional aspiration to standardise religious groups' personal laws in India. A version of it has been already passed in the Uttarakhand state assembly in 2024. Nevertheless, passing it is proving legally and politically difficult. At stake are not only questions of legal consistency and gender justice, but also deeper concerns about religious freedom, state overreach, and democratic erosion. In India, personal laws for Muslims, Christians, Jews and Parsis exist separately from the Hindu Code which governs personal laws for Buddhists, Hindus, Jains and Sikhs. Naturally, laws governing marriage and inheritance comply with religious edicts of these groups. This has occasionally brought conflict between state and religion – with the Indian Supreme Court's rulings nudging the country toward a UCC. An oft cited ruling is Shah Bano v Muhammad Ahmad Khan where a Muslim woman was given the right to marital support against Islamic custom. Essentially this allowed the state to interject in the personal matters of this Muslim couple to provide them protection, although later a law was passed to circumvent it – this was a cause for anxiety for minorities and aggravation for the majority who felt discriminated against for their own customs. Proponents of the UCC suggest that it would streamline and simplify personal laws across various spheres such as marriage, succession, guardianship and inheritance. The UCC is also popular with groups vying for gender equality, suggesting that UCC would protect women in cases of inheritance and ensure children are supported in cases of marriage dissolution or wedlock. Religious rights groups have argued that any such bill would intrude on the Freedom of Religion of citizens, especially the Muslim minority. Individuals are also concerned about the effects of eroding democratic institutions and breaking away from the secular tradition of India. Uttarakhand became the first state in India's modern history to enact a UCC. Its version sets minimum marriage ages, standardises divorce and inheritance rules, and, controversially, mandates registration of live-in relationships. Supporters argue that the law protects women and strengthens legal clarity. But petitions have already been filed challenging the law's constitutionality, and activists fear it could open the door to surveillance and moral policing. Several BJP-led states — including Gujarat, Assam, Telangana, and Uttar Pradesh — intend to follow suit. Gujarat formed a high-level committee to draft its own version of a UCC, with assurances that the drafting process would include public consultation. Khalid Anwar, a member of the legislative council and the BJP-ally Janata Dal party, spoke to the media, stating that 'We will never allow the UCC to be implemented in Bihar.' At the same time, opposition-ruled states like Kerala and West Bengal have rejected the UCC on the grounds that it would infringe on religious freedom and fail to accommodate local cultural diversity. In 2023, Kerala's legislative assembly passed a resolution opposing the proposed UCC, criticising the lack of public consultation. At the heart of the UCC debate is a question of uniformity versus pluralism. The legal foundations of state-level UCCs remain unsettled. Although the Supreme Court of India has occasionally given opinion in favour of a common civil code, legal scholars warn that multiple state-level UCCs may violate the spirit of Article 44 which envisions a uniform civil code for all citizens. This also invites questions about territoriality of the UCC, Article 245 of the constitution restricts states from making laws about the whole of India. India's Muslim leadership, rights activists, and tribal representatives argue that the UCC could be selectively enforced or used as a pretext for surveillance and control. Due to the registration requirements, vulnerable segments will be hesitant to accept the UCC. The targeting of practices such as polygamy and triple talaq, they argue, reinforces stereotypes about Muslim communities while sparing similar customs among tribal or Hindu populations. Critics note that polygamy is banned under the UCC for Muslims, yet Adivasi communities, who also practice polygamy, would be exempt. The BJP has positioned the UCC as a tool for gender equality, as a protector of women's rights. However, critics argue that these reforms are selectively framed and politically motivated. They point to a broader pattern of neglect and active hostility toward the Muslim community, casting doubt on the sincerity of the BJP's gender justice rhetoric. While some welcome the UCC's promise of equal rights in inheritance and marriage, many argue that reforms must empower women to choose — whether that means adhering to religious tradition or entering civil unions. Activists such as Adv Dr Shalu Nigam have called for a more inclusive approach that does not impose uniformity from above but rather expands the choices for marriage laws available to women across communities. The Uniform Civil Code in theory, offers a pathway toward standardising personal law and enhancing gender equality. In practice, its rollout has exposed the legal, political, and social complexities that must be examined. For India, the road is uncertain. The fragmented approach —where BJP-led states adopt state-level UCCs while opposition-ruled or minority-heavy states resist — raises difficult constitutional questions. The risk is not merely legal inconsistency, but broader social and political polarisation. By touching on personal matters, the UCC has already caused national debates on secularism, federalism, and minority rights. For Pakistanis, the UCC is a familiar echo. Questions of minority rights, majoritarian nationalism, and state overreach resonate deeply in a region where religion and politics often intertwine. Pakistan has been long criticised for its human rights record however the recent legislation to stop child marriages are encouraging and show the government's inclination towards protecting the rights of women. In India, the UCC represents both promise and peril: it could be a vehicle for greater legal equality or a flashpoint for division and unrest. Its success depends on whether it can be implemented without alienating vast segments of the population. The US Commission on International Religious Freedom (USCIRF) has flagged concerns about India's treatment of minorities, including the UCC. Moreover, religious freedom and democratic governance remain key pillars of India's soft power abroad —and the UCC being used to hinder human rights may complicate India's reputation as a leader internationally. The success of the UCC project will depend on legislative momentum, whether it can be implemented in a way that safeguards constitutional rights and respects India's pluralistic fabric. Without inclusivity, legal clarity, and social consensus, the law risks becoming a symbol of division. For both India and its democratic partners, the question is not just whether the UCC can be passed but whether it can be made just. A common civil code may promise equality, but in India, many — especially Muslims — see its implementation under the BJP as politically motivated. In Pakistan, orthodox forces openly block reforms in the name of faith. Though the dynamics differ, both countries reveal how personal law remains a battleground where religion, politics, and rights collide. As India moves forward with the UCC and Pakistan stalls on its own reforms, the region shows that legal equality cannot be achieved through legislation alone. It requires trust — and trust, once lost, is hard to legislate back. Sachal Jacob is a PhD candidate at the Georgia State University who has worked with various human rights platforms. He can be reached at sachaljacob95@ All facts and information are the sole responsibility of the author
India Gazette
30-06-2025
- Politics
- India Gazette
"They want to convert 'Samajwad' into 'Namazwad'": BJP leader Sudhanshu Trivedi rips apart INDIA bloc over Waqf Bill protests
New Delhi [India], June 30 (ANI): BJP MP Sudhanshu Trivedi on Monday launched a scathing attack on the INDIA bloc, stating they want to convert 'Samajwad' into 'Namazwad'. The BJP addressed a press conference in New Delhi, referring to RJD leader Tejashwi Yadav's recent comments on the Waqf Amendment Act. The BJP leader termed RJD and Congress as 'Namazwadi' parties and stated that the people of Bihar have two options at present. 'These socialists don't even care about minorities. By bowing down before the Mullahs and Maulavis, they want to convert 'Samajwad' into 'Namazwad'...'Pakke Namazwadi hai, RJD ho ya Congress. I want to say to people of Bihar that there are two options', Sudhanshu Trivedi said. Furthermore, Sudhanshu Trivedi asked whether the INDIA bloc wants to implement 'Sharia Law' in Bihar and mentioned that they will try to implement the 'Sharia Law' in the state once they come to power. 'I want to ask the INDI alliance, are you thinking of implementing Sharia law in Bihar, which is bigger than Saudi Arabia, Indonesia, Turkey and ISIS?. The INDI alliance, which will try to implement Sharia through the back door if it comes to power, and on the other side, our government, which will remain committed to protecting Baba Saheb's constitution', the BJP MP said. Sudhanshu Trivedi revealed that there is no mention of the word 'Waqf' in 'Quran'. He stated that the opposition wants to make 'fun' of the constitution written by Dr BR Ambedkar and want to convert it into a 'maulvi script'. 'There is no word called Waqf in the Quran. This is the creation of Mullah, Maulavi. In the Quran, it is said that you should spend as much as you can. Do not hold. They want to make fun of Baba Saheb's constitution and convert it into a Maulvi script', Sudhanshu Trivedi said. Reiterating his claim that the INDIA bloc will implement the 'Sharia Law' in Bihar once they come to power, Sudhanshu Trivedi remembered the Shah Bano Case. He asserted that Congress, which is leading the INDI bloc, 'overruled' Supreme Court's judgement on the Shah Bano case and put 'Sharia above the Constitution'. 'Today, parties like the RJD and the Samajwadi Party are in favour of 'Namazvad'. If their government comes, which is not going to come, then they will throw Baba Saheb Ambedkar's constitution in the dustbin and implement Sharia law. 400 seats have been crossed only once in India's history, that in 1985. The Congress, which is leading the INDI alliance, overruled the Supreme Court's decision on Shah Bano in the Parliament and put Sharia above the Constitution', he said. (ANI)
India Gazette
23-04-2025
- Entertainment
- India Gazette
Yami Gautam, Emraan Hashmi to feature in Shah Bano case-inspired legal thriller
ANI 23 Apr 2025, 18:46 GMT+10 Mumbai (Maharashtra) [India], April 23 (ANI): Actors Yami Gautam and Emraan Hashmi will be seen headlining a film inspired by the Shah Bano Vs Ahmed Khan case. According to a press note, both Yami and Emraan have completed shooting for the movie, which is expected to be released later this year. Hashmi will be essaying the role of Yami's husband, a character inspired by Shah Bano's husband, Ahmed Khan. Directed by Suparn S Verma of Sirf Ek Bandaa Kaafi Hain fame, the movie has been shot across Lucknow and Uttar Pradesh. More details regarding the project have not been disclosed yet. The Mohd. Ahmed Khan vs. Shah Bano Begum & Ors, or the Shah Bano maintenance case, has been considered one of the legal milestones in the battle for the protection of the rights of Muslim women in India. In 1978, Shah Bano filed a petition in a court in Indore, demanding maintenance from her divorced husband, Mohammed Ahmed Khan, a well-known lawyer. The two had married in 1932 and had five children--three sons and two daughters. In 1985, the Supreme Court ruled that Shah Bano was entitled to maintenance under section 125. However, a year later Rajiv Gandhi government brought the legislation to nullify the court verdict. (ANI)
New Indian Express
23-04-2025
- Entertainment
- New Indian Express
Yami Gautam, Emraan Hashmi to headline film based on the Shah Bano case
The film will be directed by Suparn S Verma, who served as a creative producer on the Apoorva Singh Karki directorial Sirf Ek Bandaa Kaafi Hain , starring Manoj Bajpayee. The film pertains to the landmark case filed in 1978 by a 62-year-old Shah Bano, a mother of five children, seeking alimony from her lawyer husband Ahmed Khan, who had given her triple talaq. She sought alimony under Section 125 of the Code of Criminal Procedure, but Ahmed refused to pay her, citing Muslim Personal Law. Shah Bano ultimately moved the Supreme Court, which ruled that Section 125 applies to all Indian citizens and divorced women should receive alimony, regardless of their religion. The judgement, however, was diluted by the then Congress government, which passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, restricting the right of Muslim divorcees to alimony from their former husbands for only 90 days after the divorce (the period of iddah in Islamic law). The movie will be shot in multiple locations across Lucknow and Uttar Pradesh. As per reports, it has wrapped its Lucknow schedule. The film is expected to have a theatrical release sometime in October/November 2025.
India Today
23-04-2025
- Entertainment
- India Today
Yami Gautam, Emraan Hashmi to star in film inspired by historic Shah Bano case
Yami Gautam and Emraan Hashmi are set to star in a film inspired by the life of Shah Bano. This comes on the 40th anniversary of the landmark judgment of the Shah Bano vs Ahmed Khan case (Supreme Court 1985).The judgment is seen as one of the milestones in Muslim women's fight for rights in India and the battle against the set Muslim personal film is a high-octane drama set against the backdrop of a case that changed the constitutional history of India. Emraan Hashmi is playing Yami's husband, a character inspired by Shah Bano's husband, Ahmed classic David vs Goliath story, it saw a resilient Shah Bano with no financial resources and support from society take on the establishment of organised religion and fight the misogynistic practices carried out under the garb of organised religion. The case made global headlines and has also been listed as one of the Top 10 events that shaped Indian democracy and the story also led to the genesis of what is now heading to a One Nation One Law under the proposed Uniform Civil film is expected to release in October-November 2025. It has been shot in multiple locations across Lucknow and Uttar is helmed by Suparn S Verma, who is the creator of 'Sirf Ek Bandaa Kaafi Hain' starring Manoj Yami is riding high on the success of 'Article 370' while Emraan is waiting for the release of his next film, 'Ground Zero'.Must Watch
