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:
First things first: If two people want to be in a monogamous marriage, and declare this as a precondition before marriage, then the law certainly needs to enable and protect their rights on this count regardless of religion. This is basic and need not even be discussed in a civilized society. So if anyone, man or woman, of any religion, wants the law of this country to give them the right to live a monogamous married life, I agree that it should.
At the same time, it is important to understand the following:
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!
Even if you consider the Sikhs, the greatest Sikh Emperor in history, Maharaja Ranjit Singh, was polygamous.
Monogamy as a religious insistence is only a Christian moral code - and I completely respect the Christians' right to abide by it if they wish.
But I don't see why Christian beliefs should be imposed on everyone! Our constitution, and all the laws enabled by it, has to stay broad enough to allow everyone to live their lives the way they want to as long as no one is getting cheated or harmed.
In fact, there are many people in society today, men as well as women, of different faiths (not just Muslims!) who want to declare themselves as polygamous upfront and multiple partners wish to live together of their own free will. Dating apps such as tinder now carry the classification of "ethically polygamous" to accommodate such people and I believe our laws need to broaden to accommodate them too. My simple question to everyone is simply this: If people are honest and upfront about themselves, transparently letting society know that they are polygamous, not lying to or cheating anyone, and multiple partners are living together peacefully, why should we peep into their houses and meddle into their affairs instead of minding our own business?
My central take on the Uniform Civil Code (UCC) is simply this: If the insistence is on the principle of "One Nation, One Constitution, One Law", I full agree! But as we design our laws, we need to bear in mind that a household where a man or woman might be living with multiple partners willingly and peacefully is not a problem by any stretch of imagination as long as all partners have equal access to resources and no one is being oppressed or harassed. Let them be. The bigger problem is households where one of the spouses (often the woman, but many a time also the man) might be facing physical or mental violence. Sort that out. Domestic fairness, violence and abuse are certainly matters 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. Focus on the more important matters of domestic fairness, abuse and violence.
Note-1: Read Draupadi's example above again. As I remark earlier, Hindu thought was more liberal and allowed for a woman to have more than one husband. That's what feminists ought to be battling for - an equal right as men to have multiple partners if they wish to - not monogamy!
Note-2: There is also this situation to consider: In case a marriage falls apart to the point of separation, do you realize how long and cumbersome the present process of divorce is? Plus, examples abound all around us of people first manipulating and emotionally harassing their partners in marriage and then squeezing them further in the divorce process. This is an undisputable truth all around us in society today. In case you aren't already, I'm making some resources available below to familiarize you with the phenomenon. After you've gone through them and seen for yourself that there really is a serious problem to contend with, ask yourself this: Is it fair that someone lose years of his or her life in the divorce process and then find themselves at an age and position where they simply cannot find a suitable spouse again? Why not open the door to a second marriage once it is clear that a separation cannot be undone and let the divorce and settlements procedures proceed alongside?
Resources with reference to Note 2 above:
3.
Deepika (Narayan) Bhardwaj | LinkedIn (LinkedIn account of Deepika Bhardwaj, an independent journalist and documentary filmmaker who is fighting this menace. Her posts are an eye opener!).
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