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Maharashtra Advances Uniform Civil Code Consultation as Critics Call It a 'Hindu Civil Code'

Accusations that the state’s questionnaire lacks minority input raise fears the exercise could reshape personal laws and fuel legal and political battles.

Overview

  • The Maharashtra government this week released a public questionnaire and pressed ahead with a draft Uniform Civil Code process after Chief Minister Devendra Fadnavis said the Constitution’s Directive Principles require states to work toward a common civil code.
  • AIMIM chief Asaduddin Owaisi said on Tuesday that the exercise appears designed to impose Hindu-origin laws on non-Hindus, arguing the draft treats divorce and legitimacy like the Hindu Marriage Act and would conflict with Islamic practices such as nikah and khula.
  • Critics point to specific procedural flaws in the consultation: many questions are framed as yes-or-no prompts, the questionnaire focuses on polygamy and extra-judicial divorce while omitting Hindu Undivided Family issues, and retired Bombay High Court judge R.C. Chavan resigned citing the absence of minority representation.
  • Parallel legal and security developments are intensifying scrutiny of the government’s agenda, with Fadnavis saying a Mumbai Police SIT found no foul play in the Disha Salian matter while the court flagged gaps and directed a CBI probe, and the new Maharashtra Special Public Security Act is only in early implementation.
  • Article 44 is a non-justiciable Directive Principle that has long driven UCC debate, four BJP-ruled states have moved similar measures and the Maharashtra exercise could directly affect how marriage, divorce, succession and family law are applied for millions and shape political fault lines ahead.