UCC Boon or BaneArticle by Sukhmani Kaur

UNIFORM CIVIL CODE: BOON OR A BANE

Throughout the years, arguments about having a Uniform Civil Code (UCC) in India have sparked controversy among the Indian populace. To put it simply, the notion of having a UCC is to create an identical legislation for all religious diversity in India pertaining to private affairs of marriage, inheritance, divorce, maintenance, and adoption. Uniform Civil Code means ‘One Country, One Rule’. UCC is envisioned to be the only, secular law principally addressing the rights of every individual in India, regardless of their religious or social affiliations.

From a precursory understanding, enacting the UCC is a double-edged sword. Considering India’s sensitivity towards religion, codifying diverse traditional customs and practices which equally respect and represent all the religions is a mountainous endeavour. Yet the promise of equality for both genders, combined with hope for embedding the most advanced and progressive elements from all prevailing Traditional laws, is what makes the UCC capable of uplifting the Indian society to newer realms.

INTRODUCTION

  • Constitutional provisions for Uniform Civil Code (UCC)

We know that the Constitution of India holds the highest authority in the nation’s legal framework. The Indian Constitution as originally drafted by Dr. Babasaheb Ambedkar contained 395 articles and 8 Schedules. Subsequently, owing to the multiple amendments in the Constitution, currently our Constitution has 448 Articles, 12 Schedules divided into 25 Parts. Fundamental Rights in the Indian Constitution are envisaged in Part III and the Directive Principles of the State Policy (DPSP) are envisaged in Part IV (Drishti IAS, 2023). The distinction between the importance of fundamental rights and how they differ from the DPSP is as clear as night and day. Meanwhile, following the DPSP is recommended but discretionary for state practice. The state cannot be brought before the Court solely for non-compliance with the DPSP as mentioned in Part IV.

Constitution’s Part IV, mentions the concept of a Uniform Civil Code (UCC) in Article 44, worded as “The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India” (Government of India, n.d.). From this, we can clearly understand the thought process of the makers of the Constitution that India is meant to have a UCC eventually

in the future, and that it’s the government’s prerogative to make it happen. Yet, the dilemma around enforcing a UCC in India is mystifying. To gauge the concept and importance of UCC, one has to understand its history, advantages and possible impact in our Nation.

  • Concept of Uniform Civil Code

Breaking down each word individually: Uniform means remaining the same in all cases and at all times. Civil means a part of law which is concerned with private affairs of the citizens. Code is a systematic collection of Statutes.

Thus, the name itself suggests that the UCC is a legislation that talks about unifying the personal laws of each and every citizen of India irrespective of their caste, community, or religion (Drishti IAS, 2023). Legal provisions of the personal law governed under UCC shall be property, marriage, divorce, succession, maintenance, adoption, etc.

History of UCC

The makers of the Constitution were of the opinion that religion-based personal laws were creating divisions within the nation as they categorized different aspects of life, hindering India’s progress towards unity and a cohesive national identity. However, this opinion was overruled by many, and the concept of the UCC was reduced down to a DPSP mentioned under Article 44 in our Constitution. Subsequently, post-partition, the Political leaders of India did not want to further burden the spirits of the citizens by shaking their foundations of personal faith ingrained in custom, habit and religion which would have been a result of enforcing the UCC. Consequently, the UCC was not enacted during the partition era and left to the discretion of the Indian government for future consideration (Drishtiias, 2023).

  • Development of Personal laws in Independent India

The Hindu Personal Laws, which are also applicable to Sikhs, Jains and Buddhists, were codified by the Parliament in 1956 (Drishtiias, 2023). This codified Hindu law is divided as (Parweshwaran, 2020):

  • The Hindu Marriage Act, 1955
  • The Hindu Succession Act, 1956
  • The Hindu Minority and Guardianship Act, 1956
  • The Hindu Adoption and Maintenance Act, 1956

Similarly, attempts were made to codify parts of the Muslim law as hereunder (Parweshwaran, 2020):

  • The Muslim Personal Law (Shariat) Application Act, 1937
  • The Dissolution of Muslim Marriages Act, 1939

Notably, Christians and Jews are also governed by their own traditional laws.

Upon the codification of these laws, the rituals and practices based on a religious belief system of individual citizens gained a spirit of law.

FUNDAMENTAL RIGHTS AND UCC

  • UCC conflicts with Secularism in the Constitution

The actual legal debate surrounding the UCC implementation in India begins with the provisions of the Constitution itself. The Preamble to the Constitution states that India embodies the spirit of being Sovereign, Socialist, Secular, Democratic, and Republic (Government of India, n.d.). The word Secular means that the State shall not have a religion of its own and the State shall not discriminate against anyone on the grounds of religion. People against the UCC are of the opinion that codifying personal laws by the State goes against the principle of secularism and is against Constitutional values and State shall not interfere with personal religious matters.

ANALYSIS: State considers and gives legal enforceability only to the relations between men on earth, and not to the relation of man with his God. Secularism in our Constitutional spirit says that, religious beliefs are a matter of personal faith yet the State may regulate a person’s secular activities by enacting a law (S.R. Bommai v. Union of India) (Shrikanth , 2023). To give an example, Marriages are considered as a sacrament in Hindu law, and the concept of a divorce is not recognised under Hindu law. However, upon codification of Hindu laws and looking at the social welfare, State recognised divorce law as a pre-requisite for social welfare. Consequently, when the concept of divorce by a decree of law was introduced in Hindu Law, it became a secular and legal act enforced by the State (Drishtiias, 2023). Currently, upon divorce petition submission, it becomes a secular act governed by Statutes rather than religious activity under traditional Hindu law. Similarly, for better functioning of citizens in the society and considering modern needs, laws for adoption, marriage, maintenance, guardianship, succession etc. are also considered as Secular. State intervened with such laws with an aim of ensuring welfare of the people (Shrikanth , 2023).

  • UCC and conflict with Article 25 & 26

Article 25 and 26 of the Constitution guarantee the right to freedom of religion to every person. Article 25 gives the freedom of religion which emphasises the right to profess, practice and propagate religion, the State has the power to regulate such acts for social welfare and reforms. Article 26 (b) gives religious denominations a right to “manage its own affairs in matters of religion” (Government of India, n.d.).

Citizens against the implementation of the UCC are of the opinion that UCC is violative of the Article 25 and 26 because their religious autonomy pertaining to personal laws is taken away by the UCC.

ANALYSIS: Speaking in relation to Article 25 (2), Constitution grants the State right to restrict or regulate any economic, political, financial which may be associated with religious practice. Article 25 (2)(b) allows secular activity and power to make amends required for the social welfare and reform under Article 25 (Government of India, n.d.). To state the meaning of this, Article 25 precludes the idea of State secularism, however, Article 25 (2) allows the State to regulate religious activities of citizens for social welfare and other reasons as stated above (Government of India, n.d.). It is entirely within the state’s authority to introduce necessary modifications related to non-religious activities, which are essential in the present context and are likely to result in social reform and the well-being of the populace.

In essence, this implies that under Article 25(2), the freedom to practice one’s religion remains intact, as long as it aligns with laws directed towards the betterment and progress of society, without encroaching upon the freedom to profess, propagate, and practice any faith, and this principle applies universally to all Indian citizens.  Hence, the argument that the implementation of the UCC is infringing the Rights of citizens under Article 25 & 26 does not stand constitutionally (Shrikanth , 2023).

  • Conflict against enforcing Article 14 & 15

Article 14 provides for equality before the law (Government of India, n.d.). Article 15 provides that the state shall not discriminate any citizen only on the basis of their caste, religion, sex, place of birth or any of them (Government of India, n.d.). However, the Rights of women as a group have always been ignored due to discrimination irrespective of applicability of gender equality under the Constitution. Even today, a Muslim man is legally allowed to marry four (4) wives and a Muslim woman must stay loyal to only her husband. Inheritance laws in Muslim law also favour men (Drishtiias, 2023). Consent of a minor Muslim girl for marriage is deemed unnecessary if her Father or Grand-father has consented to her marriage. These laws in their very nature are derogatory to the status of women as equals against men in the Society. Hence, the non-implementation of a fair, impartial, and gender-neutral UCC is currently violating the Rights of women and hence, violating Articles 14 & 15 (Shrikanth , 2023).

ANALYSIS: At the moment Articles 14 and 15 are ensuring women’s equality only on paper. Personal laws are based on a Patriarchal mindset and still pose a huge problem to the implementation of UCC. It is often observed that twisted ideologies or misinterpretation of traditional personal laws create and promotes communalism between the people which leads to discrimination between people of difference religion and bias stemming from gender distinctions. The Mohd. Ahmed Khan v. Shah Bano Begum case served as a stark realization that the Parliament should pass legislation to enact a UCC which will unify personal laws, and limit women’s status from getting further degraded in the Society (Drishtiias, 2023).

ADVANTAGES OF ENFORCING UCC

  • Promotion of National Unity:

The establishment of a UCC not only safeguards the rights of vulnerable segments but also plays a pivotal role in fostering national unity. Difference between minorities can be reduced and discriminatory practises against women and religious minorities shall be eliminated (Drishtiias, 2023).

  • Simplification of Legal Framework:

To put it honestly, there are too many personal laws in India. Codification of personal laws is absolutely needed. Confusion in adhering to legal complexities, addressing inconsistencies in matters of personal laws often lead to delay in justice delivery. Hence, UCC promises to streamline legal proceedings for marriage, adoption, etc (Drishtiias, 2023).

  • Advancement Towards a Secular Society:

The implementation of a UCC is a step toward the disentanglement of law from religion, a laudable objective in the context of a secular and socialist society. This move is in alignment with the constitutional directive outlined in Article 44 of the DPSP (Drishtiias, 2023).

  • Promoting Gender Equality:

In many instances, religious laws tend to curtail the rights of women within a patriarchal framework. The UCC is poised to emancipate women from patriarchal dominance, granting them the fundamental rights to equality and liberty (Drishtiias, 2023).

Over the long term, the adoption of a UCC holds the potential to counter divisive and communal forces, furthering the cause of unity and social harmony in the nation.

DISADVANTAGES OF UCC

  • Diversity in Personal Laws and Customary Practices:

India, renowned for its diverse mix of faiths, societies, and heritages, is home to a multitude of distinct communities, each governed by their unique set of Communal laws in civil matters. The heterogeneity of these Statutes spans various regions, factions, and social clusters. Achieving mutual ground and homogeneity amidst this diversity is an intricate and multifaceted challenge. Furthermore, many of these personal laws lack formal codification or documentation, relying on oral or written sources that often exhibit ambiguity and contradictions (Drishti IAS, 2023).

  • Challenges Posed by Religious and Minority Groups:

A significant segment of religious and minority groups perceives the UCC as a potential invasion on their religious freedom and cultural autonomy. They harbour concerns that a UCC might impose a majority-oriented, standardized law that pays little heed to their distinct identities and multifaceted diversity. These groups argue that such a move could potentially

infringe upon their constitutional rights guaranteed under Article 25, which protects freedom of religion, including freedom to profess, practice and propagate religion (Drishti IAS, 2023).

  • Practical Complexities and Challenges:

The implementation of a UCC would necessitate an extensive and intricate process, involving drafting, organizing, harmonizing, and rationalizing the numerous traditional laws and customary practices present in India. This endeavour would require thorough discussions and the active involvement of a broad spectrum of contributors, such as religious figures, legal authorities, women’s advocacy groups, and more. Additionally, it is essential to establish a strong system for enforcement and public awareness to guarantee adherence to and reception of the UCC by the general public (Drishti IAS, 2023).

CONCLUSION

India thrives on the motto of “Unity in Diversity” yet renounces all semblance of understanding about compromising orthodox and harmful religious practices for the sake of a better future and bettering the social conditions of neglected groups such as women and minorities. Implementation of the UCC is not a religion-harming debate, rather it is the establishment of laws that eliminate all discriminatory laws. Welfare of people and equality need not come only through the implementation of UCC, if the State endeavors to remove all discriminatory laws from personal laws. UCC is a progressive mechanism for ensuring the codification of personal laws to give every citizen an equal opportunity. However, due to religious sensitivity, its implementation must be observed by the State with caution.

REFERENCE LIST

Drishti IAS. (2023). Just (Uniform) Civil Code. [online] Available at: https://www.drishtiias.com/daily-updates/daily-news-editorials/just-uniform-civil-code [Accessed 10 Nov. 2024].

Drishtiias (2023). Uniform Civil Code drishtiias.com/printpdf/uniform-civil-code. [online] Drishtiias. Drishtiias. Available at: https://www.drishtiias.com/pdf/1588252177-uniform- civil-code.pdf [Accessed 10 Nov. 2024].

Government of India (n.d.). Constitution of India | Legislative Department | India. [online] Legislative Department. Available at: https://legislative.gov.in/constitution-of-india/.

Parweshwaran, L. (2020). History of Personal Laws in India. [online] India Policy Foundation. New Delhi: India Policy Foundation. Available at: https://www.ipf.org.in/encyc/2020/11/13/2_02_27_53_History-of-Personal-Laws-in-India- Papers_1.pdf [Accessed 14 Nov. 2024].

Shrikanth , A. (2023). Universal Civil Code in India Boon or Bane. [online] ResearchGate. Available at: https://www.researchgate.net/publication/368453856_3_Universal_Civil_Code_in_India_Bo on_or_Bane [Accessed 15 Nov. 2024].

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