The National Commission for Women (NCW) has recommended enactment of comprehensive legislation to codify Muslim personal law relating to marriage, divorce, maintenance, custody and inheritance.
In a report submitted to the Ministry of Home Affairs, Minority Affairs, and Women and Child Development on the ‘rights of Muslim women’ in India, the women rights body observed that while constitutional safeguards and recent legal reforms have contributed significantly towards advancing women’s rights, there remains substantial scope to strengthen legal awareness, improve access to justice, and bring greater clarity and consistency through “progressive codification of personal laws".
The report was submitted following an extensive national-level consultation aimed at strengthening the legal, social and constitutional rights of Muslim women in the country.
“The deliberations were conducted through thematic technical sessions covering government welfare measures and legal protections, including discussions on Waqf reforms, rights concerning maintenance, custody, property and inheritance, as well as challenge to marriage and divorce," the NCW said.
The panel underscored the need for enhanced legal literacy, stronger institutional mechanisms, and closer alignment of Muslim personal laws with constitutional values of equality, dignity and justice.
The consultation also examined key legislations governing Muslim women’s rights, including the Muslim Personal Law (Shariat) Application Act, 1937; the Dissolution of Muslim Marriages Act, 1939; the Muslim Women (Protection of Rights on Divorce) Act, 1986; and the Muslim Women (Protection of Rights on Marriage) Act, 2019, alongside relevant judicial pronouncements.
The NCW recommended mandatory registration of marriages ensuring free and informed consent; prohibition of child marriage; and regulation of divorce practices ensuring fairness, due process and equal access to remedies for women.
“Strengthening provisions for maintenance during and after marriage, ensuring financial security, and safeguarding women’s rights over matrimonial assets. Adoption of child-centric custody frameworks and strengthening women’s rights in property and inheritance through simplified enforcement mechanisms," it said.