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.