The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. The Law Commission of India notes that the tracts of the Constituent Assembly debates reveal a lack of consensus on what a potential uniform civil code would entail. While many thought the UCC would coexist alongside the personal law systems, others thought that it was to replace the personal law. There were yet others who believed that the UCC would deny the freedom of religion. It was this uncertainty that led it to be included in the Directive Principles of State Policy rather than the chapter on Fundamental Rights in the Constitution.
The codification of personal laws has historically generated protests. The Hindu Code Bill, one of the foremost pieces of social legislation, had triggered enormous opposition. The debate on the UCC is centred on the argument to replace individual personal customs and practices of marriage, divorce, adoption and successions with a common code. Those in favour of one code argue that it will end discrimination in religions. Detractors contend that it will rob the nation of its religious diversity and violate the fundamental right to practise religion enshrined in Article 25 of the Constitution. In fact, they hold that a state action to introduce the UCC is against the quintessence of democracy. The secular state is, after all, an enabler of rights rather than an inhibitor in sensitive matters of religion and personal laws.
This legendary act was passed to create new reform in the welfare of people and society working for progress and holistic development. This act ensured the protection of vulnerable societies, making laws simple to comprehend, gender equalities, adhering to the principle of secularism and working for women o all communities. Historic cases are evident proof among us of how important and demanding was the need for overall reform. But Article 25 of the Indian constitution, which seeks to preserve the freedom to practice and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of the Indian Constitution. This violation lead to many revolutions, some complex situations but can be dealt with patience and understanding. Personal laws are sometimes in conflict with constitutional law and usually, due to their patriarchal nature, deprive women of their fundamental rights. India’s two largest religious communities; Hindu and Muslim still carry out some unfair practices which are designed to benefit the male members, often at the cost of female members.
Speaking in Lok Sabha in March 1985, spokesperson and general secretary of IUML G. M. Banatwala said, “The protagonists of a uniform civil code say that uniformity in way of life leads to national solidarity and unity…it is unity in diversity, the principle we cherish, rather than uniformity in a plural society like India, that leads to national solidarity and unity.”According to the Human Development Report, India’s Human Development Index (HDI) ranks at 130th position whereas The World Happiness Report 2016 ranks India at 118th position. Social reforms, beginning with gender justice could drastically improve India’s standing.
The demand for a Uniform Civil Code (UCC) — one that streamlines personal laws across religions — was revived again last week. The Delhi High Court, while responding to a divorce petition, stressed the need for a UCC, observing that the traditional barriers of religion, community, and caste are slowly dissipating” in modern India; thus, there is a need for a “code — common to all.”
The conversation around the UCC is as old as the creation of India in itself. The UCC is envisioned as a common set of civil laws that govern varied matters of marriage, adoption, inheritance, succession, and divorce for all citizens, irrespective of their religion. Currently, marriage and succession laws among Hindus, for instance, are different in comparison to those for Muslims. The idea of “uniform” principles, however, has been contested by experts, who have challenged the necessity and feasibility of such a law. Others have also noted the UCC can be weaponized to further isolate minority communities and religions.
The Swaddle spoke to experts about what would be the biggest impact of a UCC on Indian culture, society, and rights and what makes the Indian dialogue around a UCC unique.
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