Is India ready for Uniform Civil Code?
Politics
Recently, Delhi HC backed the formation of the Uniform Civil Code (UCC), highlighting how the current society is more “homogenous”, and how such a law would drive the nation’s youth forward, urging the Center and the law ministry to take the necessary steps for its implementation.
“The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope” - Delhi HC
What is Uniform Civil Code?
The Uniform Civil Code brings all the citizens of the country to be treated under one law, irrespective of one’s religion, in matters such as marriage, adoption, inheritance, and divorce. Article 44 states, “State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
The current BJP government was first to promise the implementation of UCC if it comes to power under its 2019 Lok Sabha election manifesto.
Are religions treated differently under the law?
In Hinduism, personal laws are related to inheritance, succession, marriage, adoption, co-parenting, obligations of sons to pay for their father’s debts, the partition of family property, maintenance, guardianship, and charitable donations.
Whereas in Islam, they cover inheritance, wills, succession, legacies, marriage, wakfs, dowry, guardianship, divorce, gifts, and pre-emption taking roots from Quran.
To conclude:
All Hindus in the country aren’t governed under the same law.
All Muslims in the country aren’t governed under the same law.
All Christians in the country aren’t governed under the same law.
In the northeast, over 210+ communities have their own customary laws.
What exactly would UCC do?
UCC was introduced by Dr BR Ambedkar in the constitution to shield those who are discriminated against and provide a sense of unification in the country. However, at the time, he along with other members of the parliament believed that the bill should be introduced at a better time.
It aims to unify personal laws that are currently segregated such as the Hindu Bill, Shariat Law etc. Further, there would be codified divisions and sacitionary practices for all religions.
Greater acceptance
The need for a uniform code dates back to the British rule era, highlighting how such a bill would pave way for greater acceptance for marginalised groups in India, and provide the diverse land a greater sense of unity. The current system of separate laws allows for several legal complexities arising in inter-religion and inter-caste marriages.
Moreover, the caste division in the Hindu community would greatly diminish. As noted by various judges, marriages performed under Hindu rites and thus Hindu marriage acts did not apply to castes within the religion.
Need for the law recognized
Shah Bano case (1985): Tackling maintenance for divorced Muslim women
Jordan Diengdeh case (1985): Investigating the Christian Succession Act
Sarla Mudgal case (1995): Against deceitful Islamic conversion for polygamy
John Vallamattom case (2013): Succession rights
All the historical cases are only a few of the examples where courts have recognised an urgent need for implementation of Uniform Civil Code.
Not desirable at this stage
In 2018, the Law Ministry concluded on the discussion of unified law as it being “neither necessary nor desirable at this stage” for India. The introduction of a bill like UCC would inadvertently invoke violence. It is often beneficial for diverse masses to stick to individualistic personal laws. An umbrella law could result in many relations and communities feeling secluded and unrepresented.
BJP government’s history with these laws
History has taught us that any government that pushes laws that have long term benefits on the expense of the short term ones faces consequences. The GST reforms, triple talaq case, abolishment of Article 370 and now, the Uniform Civil Code that the government has pushed, with the first 3 seeing the light of day, allowing for empowerment and better governance.
While it is definitely brave of the current government pushing UCC, few of the opposition representatives have highlighted how the current bill is being passed in a “hasty manner without consultations.”
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