The 22nd Law Commission of India has requested new proposals on the Uniform Civil Code (UCC) from diverse stakeholders, including public and religious organisations.
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What exactly is the Uniform Civil Code (UCC)?
- The UCC seeks to establish a unified personal civil law for the entire country that applies to all religious communities in areas such as marriage, divorce, inheritance, adoption, and so on.
- In India, the concept of a UCC has a long history and has been the subject of debate and controversy.
- This article examines the rationale for a UCC, its timeline, the tension with the right to religious freedom, minority views, implementation issues, and the way forward.
- Article 44 of the Directive Principles contemplates the state’s effort to secure a UCC for all citizens throughout the country.
- While the DPSP of the Constitution are not legally binding, they nonetheless establish fundamental principles for government.
A Timeline for Personal Laws and UCC
- During the British Raj, personal laws were first drafted for Hindu and Muslim people.
- The National Planning Commission introduced the notion of a UCC in 1940, after studying women’s position and advocating measures for gender equality.
- UCC was deemed a fundamental right by Minoo Masani, Hansa Mehta, Amrit Kaur, and Dr. B.R. Ambedkar during the formulation of the Constitution in 1947.
- 1948: The Constitution Assembly debated Article 44, which emphasises uniform civil law execution as a state duty under Part IV.
- Reformist legislation was implemented in 1950, providing Hindu women the ability to divorce and inherit property while also prohibiting bigamy and underage marriages.
- Ambedkar resigned in 1951 because his draught of the Hindu Code Bill was blocked in Parliament.
- The Shah Bano case in 1985 underlined the necessity for a UCC as well as the rights of divorced Muslim women.
- Sarla Mudgal v. Union of India, decided in 1995, emphasised the importance of a UCC for national cohesion and resolving contradictions.
- In Lily Thomas v. Union of India, the Supreme Court ruled that it could not order the government to implement a UCC.
- In 2015, the Supreme Court refused to require a decision on the implementation of a UCC.
- The Triple Talaq issue gathered traction in 2016, culminating to its unconstitutionality being declared in 2017.
UCC vs. Right to Freedom of Religion
- Article 25: Guarantees an individual’s fundamental right to religion.
- Article 26(b): Upholds the right of religious denominations to manage their own affairs.
- Article 29: Protects the right to conserve distinctive culture.
- Reasonable restrictions can be imposed on freedom of religion for public order, health, morality, and other provisions related to fundamental rights.
Opinions of Minorities in the Constituent Assembly
- Some members wanted to insulate Muslim Personal Law from state regulation, citing secularism as an argument against interfering with personal laws.
- Concerns were raised regarding uniformity in a diverse country like India, as well as the possibility of protest from various communities.
- Gender justice was not a major topic of discussion throughout these discussions.
UCC Enactment and Enforcement
- Fundamental rights are legally enforceable, whereas Directive Principles vary in their enforceability.
- The phrasing of Article 44 suggests that the state has a lower duty than other Directive Principles.
- Fundamental rights are regarded as more vital than Directive Principles, and striking a balance between the two is critical.
The requirement for UCC
- Several personal laws: Different religions and denominations have different property and matrimonial laws, which impedes national unity.
- Absence of exclusive jurisdiction: The absence of such a provision in the Union List shows that the framers did not aim to create a UCC.
- Customary rules are discriminatory: they differ between communities and regions.
Why is UCC required?
- Harmonising equality: The UCC would grant equal citizenship to all people, promote gender equality, and correspond with the goals of a liberal and young society.
- Encourage fraternity: The implementation of the UCC would aid in national integration.
UCC Implementation Obstacles
- Opposition from religious factions: India’s diverse religious and cultural mix presents practical challenges.
- Minority opposition: Minorities frequently regard the UCC as an infringement on religious freedom and an intrusion into personal concerns.
- Experts suggest that Indian society may not be ready to embrace a UCC at the moment.
Unanswered Questions
- A single size suits all: The belief that one community’s practises are backward or unjust.
- Ignoring differences: Keeping the essence of society’s different components while achieving uniformity in personal rules.
- The effectiveness of consistency in reducing socioeconomic disparities is unique to diversity.
Way Forward
- Religious intelligentsia should educate communities on modern rights, promote open discussion, introduce gradual social reforms, address fake news, and prioritize cultural harmony.
@the end
UCC is a complex issue requiring religious, cultural, and societal perspectives to balance India’s unity and diversity. Education, dialogue, and a gradual approach promote social harmony.
Source: https://m.economictimes.com/opinion/et-editorial/welcome-assurance-on-uniform-civil-code/articleshow/95772976.cms