Introduction:
A mega Muslim congregation passed a resolution against the proposed Uniform Civil Code, saying it would be in contravention of not only the Constitution of India but also Shariayat, which is the Islamic law regulating the Muslim society in the country. The resolution claimed that Islam’s laws on issues like marriage, divorce, inheritance, etc. have not been created by some society, community, group or person… but they come from their religious texts…. They are part of their religious directive, and any changes to them or attempts to stop someone from following them is a clear interference with Islam and the guarantee of freedom to practice and propagate religion given in section 25 of the Constitution. Now this comes as more and more states, mainly ruled by the BJP, have announced plans to implement the Uniform Civil Code. The Uttarakhand govt has constituted a five-member committee to draft a Uniform Civil Code. Chief Ministers of states like Assam and Himachal Pradesh have also strongly pitched for implementation of the UCC.
- A generic set of governing laws for every citizen without taking into consideration the religion.
- Article 44 of the Constitutionsays that there should be a Uniform Civil Code. According to this article, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. Since the Directive Principles are only guidelines, it is not mandatory to use them.
- Indian laws do follow a uniform code in most civil matters –Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act etc. States, however, have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws.
Need of UCC in India
- The society has been fragmented in the name of religions, sects and sex.
- The demand for a uniform civil code essentially means unifying all these personal laws to have one set of secular lawsdealing with these aspects that will apply to all citizens of India irrespective of the community they belong to.
- Promotion of secularism: One set of laws to govern the personal matters of all citizens irrespective of religion is the cornerstone of true secularism. A secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
- Protection of Vulnerable & Women’s Rights: It will protect the vulnerable sections of society. Women have been denied via personal laws in the name of socio cultural-religious traditions. Therefore UCC could bring all communities together to ensure Women the Right to a dignified life and control over their life as well as body.
- Gender justice:The rights of women are usually limited under religious law, be it Hindu or Muslim. Many practices governed by religious tradition are at odds with the fundamental rights guaranteed in the Indian Constitution. Courts have also often said in their judgements that the government should move towards a uniform civil code including the judgement in the Shah Bano case.
- Prevents religion-based discrimination: Personal laws differentiate between people on grounds of religion. A unified law having the same provisions regarding marital affairs would provide justice to those who feel discriminated against.
- Ending unjust customs and traditions
- Justice Prathiba M Singh of Delhi HC stated that the modern Indian society was gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating and thus UCC ought not to remain a mere hope.
- Eases Administration: UCC would make it easy to administer the huge population base of India.
Challenges facing the passage of UCC:
- Violation of fundamental rights: Religious bodies oppose uniform civil code on the ground that it would be interference into religious affairs which would violate fundamental rights guaranteed under article 25 of the constitution.
- Reduces diversity:It would reduce the diversity of the nation by painting everyone in one colour. Tribals have their unique customs and traditions as per their culture. Replacing their customs and traditions with a unified law may lead to the identity crisis of the tribals. This may further lead to social tension.
- Communal politics:It would be a tyranny to the minority and when implemented could bring a lot of unrest in the country.
- Threat to Multiculturalism: Indian society has a unique identity in the form of its being multiculturalism, and unified law might do away with these unique characteristics of this nation.
- Affects Majority as well: For example, even Hindus themselves have separate Hindu laws for themselves. Thus, it is not merely a question for minorities but it also affects the majority.
- Lacking Political Will: Bigger issues have been resolved by the BJP Government like Ayodhya Dispute, repeal of Article 370, so with adequate will from the political community, UCC could also be implemented
- Sensitive and tough task – Such a code, in its true spirit, must be brought about by borrowing freely from different personal laws, making gradual changes in each, issuing judicial pronouncements assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the benefits that one community secures from the others.
- Time is not yet suitable for this reform – Considering a major opposition from Muslim community in India over this issue overlapping with controversies over beef, saffronization of school and college curriculum, love jihad, and the silence emanating from the top leadership on these controversies, there needs to be given sufficient time for instilling confidence in the community.
Way forward
- Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.
- Current institutions need to be modernized, democratized and strengthened for this change. Sincere efforts towards women empowerment have to be taken for all women of all religions.
- UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage, of which all the personal laws are equal constituents.
- The social transformation from diverse civil code to uniformity shall be gradual and cannot happen in a day. Therefore, the government must adopt a piecemeal approach and no knee-jerk decisions.
- There is need for deliberations and discussions among members of various communities to reach a common ground.
