UN support to common civil code? 'Eliminate multiple legal systems of marriage, family affairs in India'

By A Representative
In what may seem to be a direct support to the NDA government’s expressed “need” for a common civil code in India, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed serious concern over “the coexistence of multiple legal systems with regard to marriage and family relations” in country. It has added, these multiple legal systems “apply to the different religious groups and which results in the deep and persistent discrimination against women”.
However, it should not be any comfort to the powers-that-be, as CEDAW simultaneously insists on changes in the Special Marriage Act and the Hindu Marriage Act by bringing them in consonance with internationally-accepted standards, promulgated under the auspices of the UN. CEDAW takes strong exception to certain “proposed amendments to the Special Marriage Act and Hindu Marriage Act”, currently before Parliament, saying, these “only provide a limited and discretionary possibility for distribution of marital property”.
Favouring “review of the application of the Special Marriage Act to remove procedural barriers regarding the application for permission to marry and the registration of marriages”, CEDAW insists, there should be “equality between women and men in marriage and family relations.”
Pointing towards what it calls “continuing reluctance to review its policy of non-interference in the personal laws of communities without their initiative and consent”, CEDAW believes this is in contravention to the articles 5(a) and 16(1) of the Convention on the Elimination of All Forms of Discrimination against Women. (click HERE to see).
CEDAW -- which has just put out its "concluding observations" on conditions of women in India -- expresses concern about “the procedural requests of the Special Marriage Act”, which it believes “de facto hamper couples, especially women, from seeking permission to marry and register marriages. It underlines, “The committee is particularly concerned that spousal property is overall governed by a regime of separate property so that women are not awarded their share in the property accumulated during marriage.”
This could be done, CEDAW says, by ensuring that “all the laws on marriage and family relations governing the different religious groups, as well as their further amendment, are in full compliance with articles 15 and 16 of the Convention and the Committee’s General Recommendation no. 21 (1994) on equality in marriage and family relations.”
It further says, there is a need for “ensuring that all the laws on marriage and family relations governing the different religious groups, as well as their further amendment, are in full compliance with articles 15 and 16 of the Convention and the Committee’s General Recommendations no. 21 (1994) and no. 29 (2012) on equality in marriage and family relations and on economic consequences of family relations and their dissolution” (click HERE to see details).
In fact, CEDAW calls for “reviewing existing legal framework on spousal property relations so as to ensure women are provided their share in the marital property in light of the Committee's General Recommendation no. 29 (2012) on equality in marriage and family relations and on economic consequences of family relations and their dissolution”.
While noting that the implementation of the Prohibition of Child Marriage Act (2006) has led to a certain decrease in the number of early and forced marriages of girls, CEDAW notes that there is still a “high prevalence of such marriages”.
It adds, “Victims of child marriages must file a petition with a court to void the marriage within two years after reaching the age of majority.” In this context, it expresses serious concern “at reports that judges often authorize marriages of under-age girls based on Muslim Personal Laws, and that no legislation ensuring the registration of all marriages (in India) has been adopted.”

Comments

Grueling summer ahead: Cuttack’s alarming health trends and what they mean for Odisha

By Sudhansu R Das The preparation to face the summer should begin early in Odisha. People in the state endure long, grueling summer months starting from mid-February and extending until the end of October. This prolonged heat adversely affects productivity, causes deaths and diseases, and impacts agriculture, tourism and the unorganized sector. The social, economic and cultural life of the state remains severely disrupted during the peak heat months.

Stronger India–Russia partnership highlights a missed energy breakthrough

By N.S. Venkataraman* The recent visit of Russian President Vladimir Putin to India was widely publicized across several countries and has attracted significant global attention. The warmth with which Mr. Putin was received by Prime Minister Narendra Modi was particularly noted, prompting policy planners worldwide to examine the implications of this cordial relationship for the global economy and political climate. India–Russia relations have stood on a strong foundation for decades and have consistently withstood geopolitical shifts. This is in marked contrast to India’s ties with the United States, which have experienced fluctuations under different U.S. administrations.

From natural farming to fair prices: Young entrepreneurs show a new path

By Bharat Dogra There have been frequent debates on agro-business companies not showing adequate concern for the livelihoods of small farmers. Farmers’ unions have often protested—generally with good reason—that while they do not receive fair returns despite high risks and hard work, corporate interests that merely process the crops produced by farmers earn disproportionately high profits. Hence, there is a growing demand for alternative models of agro-business development that demonstrate genuine commitment to protecting farmer livelihoods.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat* The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

The cost of being Indian: How inequality and market logic redefine rights

By Vikas Gupta We, the people of India, are engaged in a daily tryst—read: struggle—for basic human rights. For the seemingly well-to-do, the wish list includes constant water supply, clean air, safe roads, punctual public transportation, and crime-free neighbourhoods. For those further down the ladder, the struggle is starker: food that fills the stomach, water that doesn’t sicken, medicines that don’t kill, houses that don’t flood, habitats at safe distances from polluted streams or garbage piles, and exploitation-free environments in the public institutions they are compelled to navigate.

Why India must urgently strengthen its policies for an ageing population

By Bharat Dogra A quiet but far-reaching demographic transformation is reshaping much of the world. As life expectancy rises and birth rates fall, societies are witnessing a rapid increase in the proportion of older people. This shift has profound implications for public policy, and the need to strengthen frameworks for healthy and secure ageing has never been more urgent. India is among the countries where these pressures will intensify most sharply in the coming decades.

Thota Sitaramaiah: An internal pillar of an underground organisation

By Harsh Thakor* Thota Sitaramaiah was regarded within his circles as an example of the many individuals whose work in various underground movements remained largely unknown to the wider public. While some leaders become visible through organisational roles or media attention, many others contribute quietly, without public recognition. Sitaramaiah was considered one such figure. He passed away on December 8, 2025, at the age of 65.

Proposals for Babri Masjid, Ram Temple spark fears of polarisation before West Bengal polls

By A Representative A political debate has emerged in West Bengal following recent announcements about plans for new religious structures in Murshidabad district, including a proposed mosque to be named Babri Masjid and a separate announcement by a BJP leader regarding the construction of a Ram temple in another location within Behrampur.

Search This Blog