Why in News?
The Law Commission of India has asked for views and proposals from the public regarding the UCC. The UCC has been a highly debated issue in India.
The Law Commission's previous stance on the UCC was that it was neither necessary nor desirable.
What is Uniform Civil Code?
UCC is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
Constitutional Backing:
The Uniform Civil Code is mentioned in Article 44 of the Indian Constitution, which is part of the Directive Principles of State Policy.
DPSP as defined in Article 37, are not justifiable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Timeline of this Issue:
1. 1835:
The origin of the demand for UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
2. B N Rau Committee to codify Hindu law in 1941.
Based on these recommendations, a bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
But, there were separate personal laws for muslim, chirstian and Parsis.
So in order to bring uniformity, the courts have often said that the government should move towards a UCC.
3. The Landmark judgement in the Shah Bano case (1985).
4. Another case was the Sarla Mudgal Case (1995), which dealt with issue of bigamy and conflict between the personal laws existing on matters of marriage.
In these Cases, Supreme Court Opined that practices like triple talaq and polygamy impact adversely the right of a woman to live with dignity.
The UCC is a divisive issue in India, with proponents arguing that it would promote equality and secularism, and opponents arguing that it would interfere with religious freedoms and cultural practices.
Arguments in Favour of Uniform Civil Code in India:
1. Gender Equality: Personal laws in India often discriminate against women, particularly in matters related to marriage, divorce, inheritance, and custody.
A uniform civil code would help to eliminate such discrimination and promote gender equality.
2. Reduces Complexity and Multiplicity of Laws: A uniform civil code would simplify the legal system by replacing the current patchwork of personal laws with a single set of rules that apply to everyone. This would make the law more accessible and easier to understand for all citizens.
3. Reduces Religious Discrimination : A uniform civil code would ensure consistency in the application of the law, as it would apply equally to everyone. This would reduce the risk of discrimination or inconsistency in the application of the law.
It would eliminate discrimination based on religion or personal laws, and ensure that everyone has the same rights and protections under the law.
4. Legal Reform: A uniform civil code would allow for the modernization and reform of India's legal system, as it would provide an opportunity to update and harmonise the laws with contemporary values and principles.
5. Modern Nation Building : With the world moving into the digital age, the social attitude and aspirations of the youth are being influenced by universal and global principles of equality, humanity, and modernity.
The enactment of the Uniform Civil Code will help to maximise their potential in nation-building.
6. Social harmony: The UCC could help to reduce tension and conflict between different religious or community groups by providing a common set of rules for everyone to follow.
Arguments Against Uniform Civil Code in India:
1. Threat to Religious and Cultural Diversity: India is a diverse country with a rich tapestry of religions, cultures, and traditions.A uniform civil code could be seen as a threat to this diversity, as it would require the abandonment of personal laws that are specific to particular religious or cultural communities.
2. Abrogation of Right to Freedom of Religion: The right to freedom of religion is protected under the Indian Constitution. (Article 25-28)
Some argue that a uniform civil code would infringe on this right, as it would require individuals to follow laws that may not be in accordance with their religious beliefs and practices.
3. Lack of Consensus among stakeholders: There is a lack of consensus among the various religious and cultural communities in India on the issue of a uniform civil code.
This makes it difficult to implement such a code, as it would require the support of all communities.
4. Implementation Issues: There are also practical challenges to implementing a uniform civil code in India, such as the need to harmonise a wide range of laws and practices, and the potential for conflicts with other provisions of the Constitution.
5. Political Sensitivity: The issue of a uniform civil code is a highly sensitive and politicised issue in India, and it has often been used for political gain by various parties.
This has made it difficult to address the issue in a constructive and non-divisive manner.
Way Forward:
1. Unity and not Uniformity:
UCC should reflect India's multiculturalism and preserve its diversity.Unity is more important than uniformity.
The Indian Constitution allows for both integrationist and restricted multicultural approaches to accommodate cultural differences.
2. Deliberations with Stakeholders:
There should be involvement of broad range of stakeholders, including religious leaders, legal experts, and community representatives, in the process of developing and implementing the UCC.
It will ensure that the UCC takes into account the diverse perspectives and needs of different groups, and that it is seen as fair and legitimate by all citizens.
3. Role of Law Commission in striking Balance:
The Law Commission should aim to eliminate only those practices that do not meet the constitutional standards.Cultural practices must align with substantive equality and gender justice goals.
The Commission should avoid contributing to reactive culturalism among different communities.
The Muslim clergy should lead the reform process of Muslim Personal Law by identifying discriminatory and oppressive issues and considering progressive views.
4. Constitutional Perspective:
Article 29(1) protects the distinctive culture of all citizens.Muslims need to question whether practices like polygamy and arbitrary unilateral divorce align with their cultural values.The focus should be on achieving a just code rather than a Uniform Code that promotes equality and justice
Important Cases Related to UCC:
1. Shah Bano Begum v. Mohammad Ahmed Khan (1985):
Supreme Court upheld the right of a Muslim woman to claim maintenance from her husband under Section 125 of the Criminal Procedure Code, even after the expiry of the Iddat period.
It also observed that a UCC would help in removing contradictions based on ideologies.
2. Sarla Mudgal v. Union of India (1995):
Supreme Court held that a Hindu husband cannot convert to Islam and marry another woman without dissolving his first marriage.
It also stated that a UCC would prevent such fraudulent conversions and bigamous marriages.
3. Shayara Bano v. Union of India (2017):
Supreme Court declared the practice of triple talaq as unconstitutional and violative of the dignity and equality of Muslim women.
It also recommended that the Parliament should enact a law to regulate Muslim marriages and divorces.
Mains Question:
Q) UCC in India highlights the complex and sensitive relationship between law, religion, and culture in the country which should be addressed in a holistic manner- Elaborate.
Q) “Remedy Should not be worst than Damage”. Analyse in the Context of Implementation of UCC?
Sources:
https://indianexpress.com/article/india/further-delay-in-implementing-ucc-will-be-corrosive-to-our-values-v-p-jagdeep-dhankhar-8746764/
https://www.thehindu.com/news/national/ucc-will-bind-bharat-more-effectively-vice-president-jagdeep-dhankhar/article67041464.ece
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