The clamour of voices in favour and opposition of Uniform Civil Code or the UCC has grown louder since PM Modi mentioned it during his recent speeches in MP. As the shadow of UCC looms large over the electoral battles lined up in coming months, let us try to make a sense of Uniform Civil Code’s genesis, current status and political and legal significance.
Uniform Civil Code – Uniform Civil Code proposes to formulate and implement uniform personal/civil laws which are applicable to all the citizens equally irrespective of their religion, gender and sexual orientation akin to CrPC which is the uniform criminal code. UCC finds mention in the article 44 of the constitution of India which states that “the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. So when the constitution has clearly stated it then why is there conundrum and confusion regarding its formulation and implementation. Well, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows religious groups to manage their own affairs. Also the fact that article 44 is listed under the Directive Principles of the State Policy which are directional but not enforceable. Its objective was to safeguard the vulnerable groups including women and religious minorities against discrimination and harmonise diverse cultural groups across the country. It was incorporated as an aspect of constitution which would get fulfilled as and when the nation & society is ready to accept it.
Personal Laws & their genesis – Personal laws came into existence during the colonial rule mainly for Hindu and Muslim citizens as a by-product of the exercise to bring about uniform codification of Indian laws pertaining to crimes, evidence and contracts. Laws governing matters such as marriage, divorce, inheritance, guardianship, wills and adoption were deliberately kept outside of the purview of uniform codification exercise and were to be applied as per the as per the religion, caste, faith and belief of the respondents. This segregation was the outcome of British unwillingness to unnecessarily interfere in the religious and domestic matters of the native populace. These laws were made after due consideration of customs and scriptures of respective religious group in question. Thereby, giving rise to two different personal laws – Hindu Code Bill & Muslim Personal Law.
For Hindus, the personal laws are applicable in the legal aspects pertaining to inheritance, succession, marriage, adoption, co-parenting, obligations of the sons to repay father’s debts, division of family property, maintenance, guardianship and donations to charity. For Muslims, the personal laws are applicable to legal aspects pertaining to inheritance, wills, succession, legacies, marriage, WAKF boards, dowry, guardianship, divorce, gifts and pre-emption based on Quran.
Contentions against UCC – While there are multiple contentions against UCC ranging from BJP trying to use it as a diversionary tactics to from its failure on governance front to doing away with the pluralism and diversity of the country, there have been three major contentions which were raised against introduction of Article 44 in the draft assembly of the constitution and are still in currency amongst those opposing UCC. First, that uniform civil code violated freedom of religion guaranteed in article 25-28; second, that it would lead to disharmony among the Muslim community; third, that it was incorrect to interfere in the personal law without approval of the religious communities involved.
Arguments in favour of UCC –Response to these contentions made by the members of the draft assembly of the constitution have been that UCC would not affect Muslim community alone, even Hindu community would be affected by its provisions and it was not possible to secure women’s rights without UCC (as illustrated by Shah Bano Case 1985). It would also not violate the religious freedom under the constitution as constitution has also provided for social reform legislation. These responses possibly are still tenable even today.
Advantage UCC – As envisaged by Dr Ambedkar, UCC aims to safeguard vulnerable sections including women, minor children and religious minorities while promoting nationalistic sentiment through harmony. It will also simplify the legal complexities in caused by segregation of Hindu Code Bill, Shariat Laws, and other laws pertaining to marriage ceremonies, inheritance, succession, adoption, divorce, making same civil law applicable to all citizens irrespective of their faith and gender.
Thus, UCC has the makings of both – an electoral masterstroke and the Pandora’s box. Which way it will go depends on whether the government has learnt its lessons from CAA NRC fiasco and repeal of farm laws. Will it go the brute majority way or follow a consultative consent building approach to assuage minorities’ apprehensions as envisaged by the founding fathers of the constitution when they incorporated it under directive principles. It will also go a long way to showcase the government’s intent to genuinely improve the lot of Muslim women as stated by Assam CM Himant Biswa Sarma or will it ignite a ray of hope and then snuff it out through shoddy implementation similar to the then government’s inept handling of Shah Bano case!
