“One Nation, One Law” | Uniform Civil Code(UCC): History, Arguments & people’s perspective:
Introduction:
Uniform Civil Code (UCC) refers to a common set of laws for personal matters such as marriage, divorce, inheritance, and adoption for all citizens of India, regardless of their religion, caste, or gender. The idea of UCC has been a contentious and controversial topic in India for decades, as it involves the question of balancing the rights and interests of different religious and cultural communities with the principles of secularism, equality, and justice.
In this blog post, we will try to answer some of the basic questions related to UCC in India, such as:
Table of content:
- What is the origin and history of UCC in India?
- What does the Indian Constitution say about UCC?
- What are the current personal laws for different communities in India?
- What are the arguments for and against UCC in India?
- What are the challenges and prospects of implementing UCC in India?
Origin and History of UCC in India:
The concept of UCC in India can be traced back to the colonial period, when the British rulers introduced a uniform criminal code for all Indians, but left the personal laws of different communities untouched. This was done to respect the religious sentiments and customs of the native population, as well as to avoid any resistance or rebellion from them.
However, some social reformers and nationalists advocated for a uniform civil code for all Indians, as they saw the personal laws as oppressive and discriminatory, especially towards women. They argued that a common civil code would promote national integration, modernization, and gender justice.
After independence, the Constituent Assembly debated on the issue of UCC and included it as one of the Directive Principles of State Policy (DPSP) in Article 44 of the Constitution. DPSPs are guidelines or principles that the state should follow while making laws and policies, but they are not legally enforceable or binding. Article 44 states that:
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
However, Article 44 has remained largely unimplemented till date, due to various political, social, and legal hurdles.
Constitutional Provisions Related to UCC:
Apart from Article 44, there are other constitutional provisions that have a bearing on the issue of UCC in India. Some of them are:
Article 14: It guarantees equality before the law and equal protection of the laws to all persons within the territory of India.
Article 15: It prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
Article 16: It ensures equality of opportunity in matters of public employment for all citizens.
Article 25: It grants freedom of conscience and free profession, practice and propagation of religion to all persons subject to public order, morality and health.
Article 26: It allows every religious denomination or section thereof to manage its own affairs in matters of religion.
Article 29: It protects the interests of minorities by preserving their culture, language and script.
Article 370: It grants special status to Jammu and Kashmir and exempts it from applying most provisions of the Constitution, including Article 44.
Personal Laws for Different Communities in India:
In India, personal laws are based on the religious texts and customs of different communities. They govern matters such as marriage, divorce, inheritance, adoption, maintenance, guardianship etc. The major religious communities in India have their own distinct personal laws. Some examples are:
Hindu Personal Law: It applies to Hindus, Buddhists, Jains and Sikhs. It is codified in four acts: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956) and Hindu Adoptions and Maintenance Act (1956). However, these acts also recognize some regional and community variations in customs and practices.
Muslim Personal Law: It applies to Muslims. It is largely uncodified and based on the Sharia or Islamic law derived from the Quran, Hadiths (sayings of Prophet Muhammad) and Fiqh (jurisprudence). However, some aspects of Muslim personal law have been codified by acts such as Muslim Personal Law (Shariat) Application Act (1937), Dissolution of Muslim Marriages Act (1939) and Muslim Women (Protection of Rights on Divorce) Act (1986).
Christian Personal Law: It applies to Christians. It is mostly governed by two acts: Indian Christian Marriage Act (1872) and Indian Succession Act (1925). The former regulates the solemnization of Christian marriages, while the latter deals with the inheritance and succession of property among Christians.
Parsi Personal Law: It applies to Parsis or Zoroastrians. It is mainly governed by two acts: Parsi Marriage and Divorce Act (1936) and Indian Succession Act (1925). The former regulates the marriage and divorce of Parsis, while the latter deals with the inheritance and succession of property among Parsis.
Jewish Personal Law: It applies to Jews. It is not codified and based on the Halakha or Jewish law derived from the Torah (Hebrew Bible), Talmud (commentaries on the Torah) and Rabbinical literature. It governs matters such as marriage, divorce, inheritance, adoption etc. among Jews.
Tribal Personal Law: It applies to various tribal communities in India. It is not codified and based on the customary laws and traditions of each tribe. It governs matters such as marriage, divorce, inheritance, adoption etc. among tribal people.
Arguments For and Against UCC in India:
The debate surrounding UCC in India is complex and polarized. There are various arguments presented by both the proponents and opponents of UCC in India. Some of them are:
Arguments For UCC
UCC would promote national integration by creating a sense of unity and solidarity among diverse religious and cultural groups in India.
UCC would ensure gender equality and women’s rights by eliminating the discriminatory and oppressive provisions of some personal laws, especially those related to Muslim women.
UCC would uphold the constitutional values of secularism, equality, justice and human dignity by providing a common legal framework for all citizens irrespective of their religion, caste or gender.
UCC would simplify the legal system and reduce litigation by removing the confusion and ambiguity caused by multiple personal laws.
UCC would reflect the changing social realities and aspirations of modern India by incorporating progressive and reformist elements in personal laws.
Arguments Against UCC
UCC would violate the fundamental right to freedom of religion and conscience guaranteed by Article 25 of the Constitution, as it would impose a uniform law on diverse religious communities without their consent or consultation.
UCC would infringe upon the right to cultural identity and autonomy of minorities protected by Article 29 of the Constitution, as it would disregard their distinct customs and traditions in matters of personal law.
UCC would be a threat to the secular fabric and pluralistic ethos of India, as it would be seen as a majoritarian imposition by the Hindu-dominated state on the minority communities, especially Muslims.
UCC would be impractical and unfeasible to implement in a vast and diverse country like India, where there are variations not only among different religions, but also within them based on region, sect, caste etc. UCC would be counterproductive and divisive, as it would provoke resistance and resentment from various religious groups, leading to communal disharmony and violence.
Some of the challenges of implementing UCC in India are:
Religious and cultural diversity: India is a country with diverse religions and cultures, each having their own personal laws based on their scriptures and customs. These personal laws reflect the identity, beliefs, and values of different communities. Implementing a UCC would require harmonizing or replacing these personal laws with a common set of laws that would apply to all citizens irrespective of their religion, caste, or gender. This would pose a challenge of balancing the constitutional right to freedom of religion and conscience with the constitutional values of secularism, equality, and justice.
Resistance from religious groups: Many religious groups, especially minorities, are opposed to UCC as they fear that it would infringe upon their religious and cultural rights and autonomy. They also perceive UCC as a threat to their identity and existence, as well as a tool for imposing the majority’s will and agenda on them. They argue that UCC would violate the constitutional guarantee of protection of minority interests and respect for their customs and traditions.
Lack of political will and consensus: The political parties in India have different views and agendas on UCC. Some parties support it, some oppose it, while some remain ambiguous or silent on it. There is no clear vision or roadmap for achieving UCC in India. There is also a lack of political will and consensus among the government, legislature, judiciary, and civil society on UCC. The issue of UCC is often used as a political tool to polarize or appease voters, rather than as a genuine reform for the welfare of the people.
Legal complexity and ambiguity: The existing personal laws in India are not consistent or coherent. There are gaps, overlaps, contradictions, and anomalies among them. There is also a lack of clarity on how to reconcile or harmonize them with the constitutional provisions and principles related to UCC. The Supreme Court of India has made several observations and recommendations on UCC in various cases, but has not given any clear or binding verdict or direction on it. The court has also expressed its reluctance to interfere in matters of personal law unless there is a violation of fundamental rights or constitutional values.
Practical difficulties and feasibility: Implementing UCC in India would require a massive exercise of consultation, deliberation, drafting, enactment, and enforcement of a common set of laws for personal matters. This would involve various stakeholders such as religious leaders, legal experts, civil society groups, etc. This would also require addressing the variations not only among different religions, but also within them based on region, sect, caste, etc. This would be a daunting and challenging task in a vast and diverse country like India.
However, despite these challenges, there are also some prospects for implementing UCC in India such as:
Growing demand for reform: There is a growing demand for reform and change in personal laws from various sections of society, especially women’s groups, human rights activists, progressive thinkers etc. They have raised their voice against the injustice and discrimination faced by women under some personal laws, such as triple talaq, polygamy etc.
Increasing judicial intervention: There has been an increasing judicial intervention in matters of personal law by the Supreme Court and High Courts in recent years. They have struck down or modified some provisions of personal laws that were found to be unconstitutional or violative of fundamental rights, such as triple talak.
The Law Commission of India, which is an advisory body to the government on legal reforms, has taken up the issue of UCC several times in its reports and consultation papers. The latest one was issued on June 14, 2023, inviting opinions and comments from the public and stakeholders on UCC. The Law Commission has also clarified that it is not in favor's of a uniform or rigid code, but rather a harmonization or integration of personal laws that would respect the diversity and pluralism of India.
The ruling Bhartiya Janata Party (BJP), which is the largest political party in India, has been advocating for UCC as one of its core agenda items. The BJP’s manifesto says that there cannot be gender equality till such time India adopts a UCC². The BJP-ruled states such as Uttar Pradesh, Himachal Pradesh and Madhya Pradesh have also been vocal about their support for UCC. However, the BJP has not taken any concrete steps or initiatives to implement UCC at the national level.
The opposition parties and minority groups in India have been opposing or resisting UCC, as they fear that it would infringe upon their religious and cultural rights and identity. They also suspect that UCC would be a tool for imposing the majority’s will and agenda on the minorities. They argue that UCC would violate the constitutional guarantee of freedom of religion and protection of minority interests.
conclusion:
Thus, the status of UCC in India is that it is still a matter of debate and contention, with no clear or definite outcome or resolution in sight.
