The Uniform Civil Code and Dilution of Legal Pluralism in India: A Critique of Anti-Conversion Laws and Criminalisation of Triple Talaq

Faisal Fasih

 

Abstract: A legal system may be divided into criminal and civil. Criminal law may be uniform. However, communities may have personal laws, a facet of civil law, that demand respect unless they violate constitutional rights. In the recent past, the Indian central and state legislatures have created criminal laws targeting Muslims on certain issues relating to marriage and its dissolution, including anti-conversion and triple talaq. This article argues that the enforcement of penal statutes for regulating marital relationships dilutes the application of personal law. The dilution of legal pluralism will not fit under the scheme of the debate of Uniform Civil Code (UCC) on either side. If the time is ripe to enforce the Directive provided under Article 44 of the Constitution requiring implementation of UCC, these targeted laws will be a hindrance in the way of uniformity. On the other hand, if India decides to carry on without UCC, the dilution of legal pluralism is still problematic because of its targeted nature, going against the mandate of fundamental rights granted to minorities. As the salient features of all laws relating to anti-conversion enacted by the State legislatures are same, this article has primarily focussed on the analysis of provisions of the Act of Uttar Pradesh only. Besides, the article examines the debate on public and private wrong with respect to the central legislation on triple talaq highlighting the inconsistencies in interpretation by the Constitutional Courts in this regard. Finally, the article sketches a roadmap for the Indian Muslims concerning the obedience to secular law in general, and specific matrimonial wrongs in particular.