Recently, the Allahabad High Court has urged the Central government to commence the proceedings for the execution of Uniform Civil Code (UCC). This directive was proposed in light of 17 petitions by interfaith couples who had wedded post conversion and were seeking the protection of their life, liberty, and privacy as guaranteed by Article 21 of the Constitution.
New Anti-Conversion Law: A Background
The Uttar Pradesh Government has recently enacted an anti-conversion law named the Uttar Pradesh Prevention of Unlawful Conversion of Religion Act, 2021. As per this act, marriages can’t be registered without a district authority verifying whether the conversion was voluntary and devoid of any coercion, allurement or threat. The law also stipulates that the approval of the District Magistrate (DM) must be obtained prior to conversion or marriage, and it classifies religious conversion for marriage as a non-bailable offence.
Criticisms and Observations by the Court
The Allahabad High Court observed that a marriage registrar does not hold the power to deny the registration of marriage on the grounds of unapproved conversion by the district authority. The court directed such couples’ marriages to be registered immediately, emphasizing that such approval is recommended, not obligatory. It was also pointed out that this act may fail to meet the standards of reasonableness and fairness, thus failing to pass the parameters of Article 14 (Equality before law) and Article 21 (Protection of Life and Personal Liberty).
Why a Uniform Civil Code?
The need for a UCC can be traced back to the increase in legislation dealing with personal matters during the end of British rule. A UCC would provide one law applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc. It aims to simplify the complex set of laws around these matters, making it uniform for all citizens irrespective of their faith.
Benefits of Implementing a UCC
A common civil code will bolster national integration by eliminating conflicting loyalties to laws based on varied ideologies. The UCC aims to protect vulnerable sections including women and religious minorities, as envisioned by Ambedkar. It will also align with the notion of secularism – an objective in the Preamble that calls for a common law for all citizens rather than differentiated rules based on religious practices.
Challenges Associated with UCC
The proposition for a UCC has been contextualized within communal politics, with a large societal fraction viewing it as a disguise for majoritarianism. There are also constitutional hurdles to consider. Article 25 of Indian constitution, which seeks to preserve the freedom to practice and propagate any religion may conflict with the concepts of equality as enshrined under Article 14 of Indian Constitution.
The Way Forward
Achieving a UCC requires significant efforts from both the government and society to build trust, and it’s critical to align more with social reformers rather than religious conservatives. An incremental approach could be used where different aspects such as marriage, adoption, succession and maintenance are brought into a UCC in stages. The need of the hour is the codification of all personal laws to bring prejudices and stereotypes in each of them to light so they can be tested against the fundamental rights of the Constitution.
