The National Commission for Women (NCW) has submitted a report on the rights of Muslim women in India to key central Ministries, recommending a comprehensive legislation to codify Muslim personal law related to marriage, divorce, maintenance, custody, and inheritance .
The report, titled ‘Rights of Muslim Women in India’, was submitted to the Ministry of Home Affairs, the Ministry of Women and Child Development, and the Ministry of Minority Affairs following a national-level consultation held in New Delhi on August 1, 2025 . The consultation brought together government officials, legal experts, academicians, women’s rights organisations, religious scholars, and civil society members .
Why codification is being proposed
The NCW observed that while constitutional safeguards and recent legal reforms have contributed to 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 .
Currently, Muslim personal law in India remains largely uncodified. It is primarily governed by the Muslim Personal Law (Shariat) Application Act, 1937, along with specific statutes such as the Dissolution of Muslim Marriages Act, 1939, and the Muslim Women (Protection of Rights on Marriage) Act, 2019 . Unlike the personal laws of Hindus, which were comprehensively codified through the Hindu Code Bills in the 1950s, Muslim personal law relies heavily on judicial interpretations, customary practices, and community opinions .
“The non-codified nature of Muslim personal law has led to misinterpretation and posed significant challenges for Muslim women,” the Commission observed. Codification would consolidate, clarify, and reform procedural aspects to ensure they conform to constitutional guarantees of equality (Article 14), non-discrimination (Article 15), and personal liberty (Article 21) .
Key recommendations of the NCW
The report outlines several key recommendations :
Marriage and divorce – 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.
Maintenance and financial security – Strengthening provisions for maintenance during and after marriage, ensuring financial security, and safeguarding women’s rights over mehr and matrimonial assets.
Custody and inheritance – Adoption of child-centric custody frameworks and strengthening women’s rights in property and inheritance through simplified enforcement mechanisms.
Institutional mechanisms – Establishment of gender-sensitive dispute resolution mechanisms with adequate representation of women and accountability to civil courts.
Legal aid and awareness – Expansion of legal aid systems, helplines, and targeted awareness campaigns to enhance legal literacy among Muslim women.
Prevention of exploitative practices – Immediate intervention to address harmful practices such as the “Paaro” (bride buying) system, alongside rehabilitation measures, identity recognition, and livelihood support for affected women.
Legal framework examined
During the consultation, key legislations governing Muslim women’s rights were discussed at length, 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 Commission noted that the existing fragmented legal framework often leads to inconsistencies, arbitrary application, and misinterpretations that disadvantage women .
Context: UCC developments
The NCW’s recommendation comes amid ongoing debates over the Uniform Civil Code (UCC). Assam recently became the third state after Uttarakhand and Gujarat to pass a UCC bill, which seeks to ban polygamy and make registration of marriages and live-in relationships compulsory . The Assam UCC, however, explicitly excludes Scheduled Tribes to preserve their constitutional protections .
AIMIM president Asaduddin Owaisi criticised the Assam UCC Bill, calling it a “backdoor imposition” of Hindu law on Muslims, particularly on succession, inheritance, and divorce . Opposition parties have also accused the Assam government of passing the bill without proper consultations with community-based organisations .
The path ahead
The NCW has urged the concerned ministries and stakeholders to take necessary steps towards effective implementation of the recommendations to ensure greater access to justice, protection of rights, and socio-economic empowerment of Muslim women across the country .
The Commission maintained that personal laws cannot remain insulated from constitutional values of equality, dignity, and justice, stating that “Muslim women deserve the full protection of the Constitution like every other citizen” .
