What is Uniform Civil Code (UCC) in India – An Overview
Uniform Civil Code (UCC) is a proposal in India (also in other countries) to make and implement personal laws of citizens which apply to all citizens equally regardless of their religion or any other thing in matters of marriage, divorce, inheritance, adoption.
AUTHOR : SHOBHIT KUMAR
First of all, I want to elaborate the abbreviation UCC, UCC means Uniform Civil Code. Uniform Civil Code (UCC) is a proposal in India (also in other countries) to make and implement personal laws of citizens which apply to all citizens equally regardless of their religion or any other thing in matters of marriage, divorce, inheritance, adoption. UCC is defined in our Constitution under Article 44 of Part 4 (Directive Principles of State Policy); it states that, “it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India”. In other words we can say that it means One Country One Rule. After the revocation of Article 370, the central family law Acts were extended to Jammu and Kashmir. In my opinion, this is another step towards implementing UCC throughout India.
We can find the roots of UCC in British period. In 1835, British government submitted its report stressing the need for uniformity in the codification of Indian law. After recommendation, a bill was then adopted in 1956 as the Hindu Succession Act, it was for Hindus only, and however, there were separate personal laws for Muslim, Christians and Parsi. The honorable courts have often said in their judgments that the government should move towards a uniform civil code. The Shah Bano case is well known in this regard, but the courts have made the same point in several other major judgments. So, this is a brief history or concept of Uniform Civil Code.
Let’s discuss the advantages of UCC. The UCC aims to provide protection to vulnerable sections as envisaged by Dr. Bhimrao Ambedkar sir, including women and religious minorities, while also promoting nationalistic favor through unity.
The Uniform Civil Code simplifies the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
The most important two aspects of Modern day India will be largely addressed by UCC. First is Secularism, which is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices. Second is Gender Justice, India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example.
If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality. In this way, we can make a broad picture of the modern day need of Uniform Civil Code.
After discussing various plus points, let us discuss the disadvantages of UCC. From the start, exceptions in existing family laws are there. Such as, central family laws are imposed in the whole of India except the state of Jammu and Kashmir, later these were exempted in the Union Territory of Pondicherry, in Goa, Daman and Diu, north-eastern states of Nagaland and Mizoram, emanates from Articles 371A and 371G of the Constitution, decreeing that no parliamentary legislation will replace the customary law and religion-based system for its administration.
After Constitutional exemption UCC is an issue of Communal Politics, the demand for a uniform civil code has been framed in the context of communal politics. A large section of society sees it as majoritarianism in the form of social reform.
Lastly there is a Constitutional Hurdle, Article 25 of Indian constitution, which seeks to preserve the freedom to practice and propagate any religion, generates conflict and also the concepts of equality enshrined under Article 14 of Indian Constitution. There are various constitutional articles which can stop UCC implementation.
Article 15 says, there will be no discrimination on grounds of religion, race, caste, sex or place of birth. Article 25 describes freedom of conscience and free profession, practice and propagation of religion, subject to reasonable restrictions on the grounds of public order, health and mortality.
Article 25 (b) provides for regulating secular activities associated with religious practices, social welfare and reform.
Article 26 is related to Right to establish and administer religious institutions.
Article 27 prohibits the state from levying a tax, proceeds of which are used for the benefit of a particular religion.
Last but not the least, Article 28 deals with the issue of religious instruction in educational institutions.
In this way, we can say that implementing UCC will not be so easy.
As we saw that, UCC has various plus points but also it can generate a large scale outrage in the name of Communal discrimination. We should find out some way forward. The country or we can say the government should follow a collaborative approach, the government and society will have to work hard equally to build trust, but more importantly, make common cause with social reformers rather than religious conservatives.
Rather than an omnibus approach, the government could bring separate aspects such as marriage, adoption, succession and maintenance into a uniform civil code in stages.
And the other thing is the government would also do well to complement the overdue move towards a uniform civil code with a comprehensive review of several other laws in the context of gender justice.
Bringing Jammu and Kashmir into the country’s mainstream of family laws is an exercise that needs to be undertaken also for Goa, Daman and Diu, Puducherry, Nagaland and Mizoram; it will help the government to make UCC more successful in the country.
India has a unique blend of codified personal laws of Hindus, Muslims, Christians, and Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who live in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.
Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.
Another important fact to keep in mind is that Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after its liberation.
Even according to experts Modi govt has been working for a Uniform Civil Code. In the 2019 Independence Day speech there were two special mentions: 1st was abrogation of Article 370 and the 2nd was population control and for that UCC is very much important.
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