Sunday 17 December 2023

Uniform Civil Code, Monogamy, Polygamy

This post is regarding the debate on Uniform Civil Code (UCC) that has been pretty active in India for the last decade or so. My view on this debate might seem strange at first, but I think if you give what I'm saying fair thought, you will see the logic of it. Here goes:

The genesis of the UCC controversy is the Hindu Marriage Act (1955) which restricted Hindus to monogamous marriages but left Non-Hindus out of its ambit. And UCC intends to extend this restriction to everyone. All other points aside, this is the central focus of the controversy.

But here's the thing:

There is nothing Hindu about the Hindu Marriage Act in the first place! Krishna (an avataar of Lord Vishnu) had eight wives, Ganesh (Vignaharta, the remover of obstacles) has two wives, Draupadi (Panchali) had five husbands (who were guided to victory in the Mahabharat war by none other than Krishna himself!).

So polygamy has been a part of the Hindu tradition too, not just the Muslim tradition. In fact, it was more liberal in thought as it allowed women to have multiple partners too! (And this is what feminists ought to be battling for - not monogamy!)

Monogamy is essentially a Victorian Moral Code as it was spread/imposed around the world during the years of Queen Victoria's British Empire.

And I don't see why the Victorian Moral Code should be imposed on everyone! Our constitution, and all the laws enabled by it, has to stay broad enough to allow everyone to practice their faith. If monogamy is not a part of the Hindu or Muslim faiths, why should it be imposed on us?

My central take on the Uniform Civil Code (UCC) is simply this: Focus on the more important matter of domestic violence. A household where a man or woman might be living with multiple partners peacefully is not a problem by any stretch of imagination. Let them be. The problem is households where one of the spouses (usually the woman, but sometimes also the man) might be facing physical or mental violence. Sort that out. Domestic violence and abuse is certainly a matter to be addressed by Civil Law, but the choice of monogamy or polygamy needs to stay a personal choice. I don't believe that ought to come under the ambit of law.

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