The concept of Uniform Civil Code (UCC) encompasses a proposal to replace the personal laws, which are based on the scriptures and customs of various religious communities, with a common set of rules governing every citizen of India. The UCC is expected to cover matters like marriage, divorce, inheritance, adoption, among others, creating a uniform law applicable to all, regardless of their religious affiliation. The idea behind UCC is rooted in Articles 44, 25, and 14 of the Indian Constitution, which champion the spirit of secular democracy, individual freedom, and equality, respectively.
Government’s Stand and Role of Judiciary
Recently, the Ministry of Law and Justice has communicated to the Supreme Court that determination and execution of laws fall under the jurisdiction of Parliament. Accordingly, the court cannot issue directives to the Legislature regarding the establishment of any particular law. This communication was in response to Public Interest Litigations (PILs) demanding the enforcement of a Uniform Civil Code (UCC). However, the Ministry held that decisions about enacting or not enacting a law rests with the elected representatives, considering the sensitivities and diverse personal laws associated with different communities.
Historical Background and Current Status of UCC
The genesis of UCC traces back to the colonial era in India when the British administration emphasized the need for uniform criminal, contract, and evidence-related laws, excluding personal laws of Hindus and Muslims. Several recommendations and legal stipulations were made over time, including the Hindu Succession Act, 1956, which codified the law of inheritance among Hindus, Buddhists, Jains, and Sikhs. However, separate personal laws for Muslims, Christians, and Parsis continued to exist. At present, only Goa practices a UCC. There have been instances where the judiciary has indicated the necessity for a UCC to ensure uniformity in personal laws.
An Overview of Uniform Civil Code and Personal Laws
The implementation of UCC is seen as an instrument to secure protection for the vulnerable sections of society, including women and religious minorities. It aims to establish a single set of laws related to marriage, inheritance, adoption, and succession applicable to all citizens. This will not only ensure simplified laws but also uphold the principle of secularism embedded in the Constitution. The introduction of UCC may eliminate existing gender biases in various personal laws.
Challenges and Hurdles in Implementing UCC
The execution of UCC faces several challenges. The heterogeneity in customary practices across different communities in India forms a significant roadblock. There are variations in personal laws even within a single community; for instance, marriage among close relatives, which is considered auspicious in South India, is prohibited in the North. These disparities make it challenging to achieve uniformity. A section of society views the demand for UCC as an attempt to impose majority’s norms under the guise of social reform. Moreover, there lies a constitutional conflict wherein Article 25, ensuring freedom to practice any religion, collides with Article 14, ensuring equality.
The Way Forward
It is crucial to cultivate trust and collaboration between the government and societal factions for the successful implementation of UCC. A phased approach could be adopted, considering separate aspects like marriage, adoption, succession, and maintenance, instead of an all-encompassing law. Codification of all personal laws needs to be done so that prejudices and stereotypes can be examined under the light of fundamental constitutional rights. At the end of the day, the objective should be to encourage unity while respecting diversity.
