ABSTRACT
Mapping out the debates on MPL and UCC since independence, this chapter shows how the replacement of personal laws with a Uniform Civil Code is seen as a progressive idea. The reforms in MPL are justified by giving reasons that Muslim Law is not fair towards Muslim women on the ground of human rights, and it is discriminatory. It is further claimed that the Muslim Personal Law has no scope for change as it is rigid, so the legislature and judiciary should change it arbitrarily without consulting even a law person of the field and without obtaining any consensus in society in this matter. It is noted that those who are in favor of reform are not even bothered whether such reforms would ameliorate the position of Muslim women or cause more problems for them. The chapter makes an effort to discuss major controversial issues pertaining to MPL – such as bigamy, polygamy, and triple talaq, which are often targeted in the name of violation of human rights of Muslim women. The chapter suggests the techniques that can be used to bring Muslim Personal Law reform within the ambit of human rights.
