Why in the News?
Gujarat became the second Indian state after Uttarakhand to pass a Uniform Civil Code (UCC) Bill.
About Uniform Civil Code (UCC)
- UCC aims to replace diverse personal laws governing marriage, divorce, adoption, succession and inheritance with a common, secular legal framework to promote equality, national integration, and gender justice.
- Constitutional provision: Under Article 44 under Part IV as Directive Principles of State Policy (DPSP) provides that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India
- Currently, different religious communities in India follow separate personal laws:
- Hindu Personal Laws: For Hindus, Buddhists, Jains, and Sikhs (Hindu Marriage Act, 1955; Hindu Succession Act, 1956, etc.).
- Muslim Personal Laws: The Muslim Personal law (Shariat) Application Act, 1937 regulates matters related to marriage, divorce, inheritance, and maintenance among Muslims.
- Christian Personal Laws: Indian Christian Marriage Act, 1872; The Divorce Act, 1869, etc.
- Parsi Personal Laws: Parsi Marriage and Divorce Act, 1936
- Special Marriage Act, 1954: Allows any Indian citizen to marry irrespective of religion, under civil laws, providing an option outside religious laws.
- While the 21st Law Commission (2018) underlined that UCC is neither necessary nor desirable at this stage, Law Commission of India (2022) sought public and religious input on UCC.
- Apart from Uttarakhand and Gujarat, Goa also has a form of common civil code is in practice i.e. the Portuguese Civil Code of 1867.
Arguments in favour of UCC
- Upholding Secularism: It can provide a common civil law for all citizens, prioritizing legal uniformity over differentiated rules based on religious practices.
- Promoting Gender Equality: It would address discriminatory practices against women such as polygamy in Muslim law, unequal succession rights, and inheritance restrictions faced by Parsi women who marry outside their community, etc.
- Ensuring Equal Status: By replacing religious practices that contradict fundamental rights, the UCC guarantees equal protection under the law, aligning with Article 14 of the Constitution.
- National integration: Implementing a "one nation, one law" approach ensures the state remains neutral in religious matters, preventing religion from hindering legal implementation and uniting the country.
- International obligation: India having ratified the International Covenant on Civil and Political Rights, 1966, and International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979, is bound to enforce ensure gender equality under its national law.
- Accommodating Youth Aspirations: A majority of the young population supports universal principles of modernity, equality, and humanity, making the UCC aligned with their social attitudes and aspirations for nation-building.
Judicial pronouncements related to UCC
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Arguments against UCC
- Threatens Religious Autonomy: UCC may undermine cultural and religious identities and infringe upon the fundamental right to freedom of religion guaranteed under Articles 25 and 26 of the Constitution.
- Impact on marginalized sections: E.g., Naga minority community expresses dissatisfaction with the proposed UCC, that its enforcement would pose significant threats to Naga culture and dignity.
- Against Cooperative Federalism: UCC could encroach upon states' legislative domain, thereby infringing on principles of cooperative federalism.
- Social Unrest: Implementation without consensus from diverse communities may lead to social unrest and resistance.
- Implementation issues: Its effective enforcement and implementation can be challenging, especially in remote or culturally conservative areas and can also lead to an increase in legal disputes.
Way forward in Implementing UCC in India
- Need for Public Awareness: In order to have an informed debate, the government should hold national consultations with all the communities of faith.
- Sectorial Reforms: Lawmakers can focus on unifying specific areas of law, such as marriage, divorce, and inheritance.
- E.g., Bring adoption and guardianship under secular frameworks, like the Juvenile Justice (Care and Protection of Children) Act, 2015.
- International example: Adopt harmonization model that permits a hybridization of religious and secular laws through incremental reforms.
- E.g., Indonesia maintains pluralistic legal system, allowing religious laws to apply to Muslims while enforcing a secular civil code for interfaith issues.
Conclusion
A Uniform Civil Code, while promising equality, secularism, and national integration, must be implemented gradually and inclusively, balancing constitutional ideals with India's diverse socio-cultural realities to ensure both justice and social harmony.
