Prime Minister of India, Mr Narendra Modi addressing party members
On June 28th, 2023, the Indian prime minister, Mr Narendra Modi advocated the importance of implementing a Uniform Civil Code in India while addressing the BJP workers in Bhopal. Although the proposal has not been drafted yet, it reignited the unceasing debate of “Should all Indians be expected to follow the same set of civil laws?” This article will discuss the merits of this debate while explaining the reasons attached.
What is the Uniform Civil Code (UCC)?
Since the British invasion of India in the 18th century, there have existed three different categories of law: Commercial, Criminal and Civil. While Criminal and Commercial Law remains the same for all citizens, Civil Law pertaining to matters of marriage, inheritance, adoption, succession, and divorce are applied differently throughout the country. These matters are controlled by personal laws, which are specific to the religious sentiments of the people.
The Uniform Civil Code or the UCC refers to a set of common laws that are applicable to all the citizens of India, irrespective of their religion, gender, or background. It replaces the currently existing personal laws such as the Hindu Marriage Act, The Hindu Succession Act, or the Muslim Personal Laws. Ever since our independence, the UCC has been mentioned under directive principles (Article 44¹) of the State policy which are guidelines for the Central and State governments.
¹ Article 44 states that “The state shall endeavour to secure for all citizens a Civil Code that is uniform throughout the territory of India.”
In short, these directive principles act as a guide for the government as they are ‘expected’ to follow them, however, these laws are not enforceable in any court of law in the country and are only meant to be followed by consensus. Goa remains the only state in the country to have adopted the UCC in its parliament while states such as Uttarakhand, Assam and Gujarat have voiced their support for implementing them in the nearby future.
Why is the UCC being discussed now?
The UCC became a matter of nationwide importance in 1985 during the Shah Bano case, where the supreme court held that Bano should get alimony from her ex-spouse, going against the Muslim Personal Laws. This case acted as a big catalyst to support a set of uniform laws in place of personal laws in the country.
During the 2019 Lok Sabha Elections, BJP (Bhartiya Janata Party) released its manifesto titled ‘Sankalp Patra’, which promised annulling Article 35A and revoking Article 370 in Kashmir, building the Ram Mandir in Ayodhya, and drafting the UCC. While we saw the first few poll promises being fulfilled, the UCC has still not been implemented in the country due to the conflict of opinions between different groups in India. In order to form an opinion, it is critical to understand the different views on the matter.
Understanding the conflict:
The reference made to the UCC in the directive principles of our constitution indicates how the need to implement them in India has existed ever since our independence. Even the Supreme Court has vouched for a set of common laws to reduce the confusion caused due to varying personal laws. Case Studies such as the Shah Bano case showcase how having separate civil laws in the same country act as a slow poison for creating a diversion between communities. Just as having a common set of criminal and commercial laws helps in enriching a sense of certainty in the state’s functioning, a common set of civil laws ensures equality and fairness.
Shah Bano Begum
At the same time, instead of condensing the diversion, the bill may act to further amplify the gap between communities and act as a communal polarizer. The imposition of any law which is based on a certain set of values will lead to disapproval from religious groups. Instead of acting as an ‘agent for uniformity’ it can have a long-term and immediate impact on the minorities present in India. They would be compelled to think that they are in a position where their voice cannot be heard by the government.
Furthermore, articles 25–28 of the constitution guarantee “religious freedom to the citizens and the religious groups to practice their beliefs.” It will be in direct violation of such articles to ask religious groups to follow a set of laws that defies their beliefs. For a diverse country such as India, it is virtually impossible to satisfy all the groups and to abide by their beliefs. The proble m also lies with the timing of the imposition of the law. As the law exists merely in the form of a political slogan without any clear draft, there should not be any urgency in passing it before 2024 and more focus should be given to contemporary issues.
However, the timing of the bill remains insignificant as issues pertaining to having separate personal laws have always existed. Had the Supreme Court not intervened and gone against the personal laws in cases such as the Shah Bano in 1985 and Triple Talaq in 2019, there would have been no progressive steps taken in achieving gender equality. A UCC will help abolish regressive laws such as triple talaq and allow Muslim women to receive alimony after a divorce or an equal inheritance from their parents. The government has also asked for the opinions of different religious groups on the following so that no religious sentiments are hurt.
Conclusion:
While the idea of a UCC is really promising, its success depends upon the way it is implemented. A common set of laws will indubitably help reduce the existing chaos in cases where the supreme court must go against the personal laws of religious groups. However, all religious groups will have to meet at a common point and adjust their diverse beliefs in accordance with one another. While the bill may easily pass in the Lok Sabha due to the ruling party majority, it will require the support of opposing parties such as AAP and BJD to meet the majority mark. Hence, it is vital to allow all present communities, irrespective of them being in the majority or the minority to present their concerns and views in an equal manner before the UCC is implemented.
Acknowledgements:
This article has been referred to by answers published by the Deccan Herald, Mint, CNN, BBC and India Today.
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