UNIFORM CIVIL CODE (UCC) – POLITY

News: Code red: On the 22nd Law Commission and a uniform civil code

 

What's in the news?

       The Law Commission’s decision to solicit views from the public on the idea of a uniform civil code appears to be a political initiative aimed at bringing the potentially divisive issue under focus in the run-up to next year’s general election.

 

Key takeaways:

       A uniform civil code for the entire country is indeed a lofty goal, but the question whether introducing one for all aspects of personal law would impinge on the freedom of religion has been part of the debate.

 

Uniform Civil Code:

       The Uniform Civil Code, which comes under Article 44 of the Constitution of India, proposes to introduce personal laws that would apply to all citizens equally, irrespective of their religion, gender, caste, etc.

       Uniform Civil Code essentially refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession.

       Article 44 states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. However, since the article comes under the directive principles of state policy, they are regarded as only guidelines and it is not mandatory to use them.

       At present, the personal laws of various communities are largely governed by their religion.

 

Arguments in favour of UCC:

1. Gender Inequality:

       Various aspects of prevailing marriage personal laws discriminate against women, like Sharia law allows a Muslim male to solemnize up to four marriages without taking consent of his existing wives.

       This blanket immunity enables husbands from other communities to desert their wives by converting to Islam and escape from the legal proceedings.

       According to feminists, UCC will result into gender justice. It will help in realizing the constitutional ideals of equality before law, human dignity.

2. National Integration:

       The Supreme Court of India has opined that UCC can serve as an instrument for national integration by removing disparate loyalties to law which have conflicting ideologies.

3. Secularism:

       India is a secular democracy.

       A common civil and personal law in India would ensure equality among all its citizens, irrespective of their religion, class, caste, gender etc. Thus, UCC will lead to equality in society.

4. Simplification of complex laws:

       UCC will simplify the cumbersome legal matters governed by personal laws. In the absence of UCC judges interpret various provisions like maintenance in case of Muslim women according to their prejudices and opinion.

       The introduction of UCC will prevent such interference and promote uniform provisions.

5. Societal reforms:

       Existing personal laws are mainly based on the patriarchal notions of the society in all religions.

       UCC will remove such patriarchal notions by destroying their sanctity.

Arguments against UCC:

1. Affect religious rights of community:

       Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom.

       They fear that a common code will neglect their traditions and impose rules which will be mainly dictated and influenced by the majority religious communities.

2. Conflicting fundamental rights:

       The conflict of freedom of religion (Article 25,26) with equality before law (Article 14) and right to equality.

3. Affects religious diversity:

       It is erroneous to assume that India has different personal laws because of religious diversity. As a matter of fact, the law differs from state to state.

       Under the Constitution, the power to legislate in respect of personal laws rests with both Parliament and state Assemblies.

       Preservation of legal diversity seems to be the reason for inclusion of personal law in the Concurrent List (entry No. 5).

4. Uniform rather than common:

       The Constitution’s framers used the term “uniform” in Article 44 and not “common”, because “common” means “one and the same in all circumstances”, while “uniform” means “the same in similar conditions”.

       Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14.

5. Law Commission recommendations:

       The Law Commission of India has said that a Uniform Civil Code (UCC) is “neither necessary nor desirable at this stage.”

       Uniform Civil Code (UCC) in India is ignorant of the diversity of its cultures, customs, traditions, castes, ethnicity, languages and religious ideologies. From north to south and from east to west, each state in India has a different culture and a different outlook towards life.

6. Affects tribal culture and customs:

       In the Northeast, there are more than 200 tribes with their own varied customary laws.

       The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.

 

WAY FORWARD:

1. Ensuring diversity:

       The guiding principles of the Constitution itself visualize diversity and have tried to promote uniformity among peoples of different denominations.

2. Gradual changes:

       A uniform law, although highly desirable but may be counterproductive to the unity and integrity of the nation especially if applied hastily.

       In a democracy and rule of law, a gradual progressive change and order must be brought about.

3. Bring out only certain provisions under UCC:

       Only those elements of customs and traditions should be brought into a unified law that causes injustice to individuals.

       There are some good and equitable provisions in personal laws, which are worth incorporating into the unified law.

       Good customs and traditions should be protected to preserve the indigenous culture associated with them. It will help India protect its strength i.e. unity in diversity.

       Codification of all personal laws as suggested by the Law Commission.

       By codification of different personal laws, one can arrive at certain universal principles that prioritize equity rather than the imposition of a Uniform Civil Code.

       To resolve the contentious issues like UCC, common consensus of all the stakeholders is needed.

 

Doing the right thing also requires the right manner, right time and above all right intentions. The UCC debate has nothing to do with nationalism or secularism. The most important concern is ‘gender justice’. UCC matters should be taken forward by women organizations.