The Uniform Civil Code (UCC) – a directive principle under the constitution (Article 44) – is viewed as an essential tool for national integration, and a means of moving towards gender justice. However, its adoption has been marked with controversy and disputes. This article takes a deep dive into the complexities around UCC, starting from its origins to its implications on personal laws.
The Journey of the Uniform Civil Code
The origin of the UCC dates back to 1835 during colonial India. The British Government submitted a report stressing the need for uniformity in the codification of Indian law related to crimes, evidence, and contracts. This request was made with a specific recommendation to keep the personal laws of Hindus and Muslims outside the codification. The increase in legislation dealing with personal issues necessitated the formation of the B N Rau committee in 1941. Consequently, based on the committee’s recommendations, the Hindu Succession Act was adopted in 1956.
Status of Uniform Codes in India
In India, there are already existing examples of uniform codes for civil matters such as the Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 and others. However, these have undergone hundreds of amendments, and quite a few states have also refused to adhere to the uniform Motor Vehicles Act, 2019.
Implication of UCC on Personal Laws
The implementation of the UCC comes with certain beneficial implications. It provides protection to the vulnerable sections of society including women and religious minorities, simplifies the complex laws around marriage ceremonies, inheritance, succession, adoptions, promotes nationalistic fervour and unity, and adheres to the ideal of secularism. If enacted, the UCC will replace all personal laws and eliminate any form of gender bias existing in the laws.
Challenges to the Implementation of the Uniform Civil Code
There exist several challenges in the path of UCC implementation. Firstly, there are exceptions in central family law Acts such as they do not apply to Jammu and Kashmir, Goa, Daman and Diu, Nagaland or Mizoram. Secondly, the demand for a UCC is seen by many as an attempt at majoritarianism under the guise of social reform, thus creating a sense of communal tension. Lastly, there exists a constitutional hurdle – Article 25 of the Indian constitution, that seeks to preserve the freedom to practice and propagate any religion seems to conflict with the ideas of equality enshrined in Article 14.
The Way Forward
Finding a balance between unifying laws and preserving religious freedoms is crucial for a secular democracy like India. The government and society need to build trust and make common cause with social reformers rather than religious conservatives in order to counter the challenges and move towards the adoption of the UCC. There is also a need to codify all personal laws so that prejudices and stereotypes can be brought to light and can be tested against our constitutional rights. Options could include implementing different aspects of the UCC in stages rather than taking an omnibus approach.