Uniform Civil Code (UCC) has been under discussion in India for a long time now. It pertains to the proposal to replace the personal laws specific to each religious community with a common set of laws governing every citizen. Recently, an expert committee led by a retired Supreme Court Judge was formed in Uttarakhand to deliberate on the implementation of the UCC and review laws pertaining to personal matters. Similar actions have also been advised by Allahabad High Court to the central government. This article provides a deeper look into what UCC entails, its legal standing, need, challenges, and the way forward.
Understanding Uniform Civil Code (UCC)
UCC, as proposed, will offer a uniform law applicable to all citizens of the country, irrespective of their religious affiliations, particularly concerning personal matters like marriage, divorce, inheritance, and adoption. The Indian Constitution’s Article 44, under the Directive Principles of State Policy (DPSP), encourages the state to work towards bringing in a UCC. Although these principles are non-enforceable, they form the base of governance in the country.
Status of UCC in India
India follows a UCC in most civil matters, employing legal statutes such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872, etc. However, there are exceptions due to amendments made by states. For instance, several states declined to implement the uniform Motor Vehicles Act, 2019. Among all the states in India, only Goa has so far implemented the UCC.
The Origin of UCC
The concept of UCC emerged during the British rule in India. The British expressed the need for uniformity in codes related to crimes, evidence, and contracts in a report submitted in 1835. Following the report, the BN Rau Committee was constituted in 1941 to codify Hindu laws.
Hindu Succession Act, 1956
Based on the recommendations of the BN Rau Committee, the Hindu Succession Act was legislated in 1956. This act aimed to standardize the law governing intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs. However, separate personal laws were provided for Muslims, Christians, and Parsis.
The Role of Supreme Court in Promoting UCC
The Supreme Court has been instrumental in pushing for UCC. Notable examples include the Shah Bano case in 1985 and the Sarla Mudgal case in 1995. In the Shayara Bano case of 2017, the court declared Triple Talaq as unconstitutional. The court has suggested that religious practices infringing on fundamental rights need constitutional scrutiny.
The Need for UCC
UCC is seen as beneficial for unifying the country and safeguarding the vulnerable sections of the society. It would also help simplify laws and ensure gender justice adhering to the ideal of secularism. Furthermore, it champions the principle of equality by treating all citizens alike, regardless of their religion.
Challenges in Implementing UCC
Implementing UCC poses several challenges. One concern is that it might infringe upon the Indian principle of diversity rooted secularism by imposing uniformity. Some minority communities also fear that UCC will dismantle their religious practices. Additionally, there is a general lack of awareness among people about the objectives of UCC. The demand for UCC has also sparked communal politics, making the matter more complicated. There are also constitutional hurdles due to perceived conflicts between Article 25 (right to freedom of religion) and Article 14 (right to equality).
Way Forward
The implementation of UCC requires more than just legislative changes. It would need the government and society to build trust and ally with social reformers rather than religious conservatives. An incremental approach towards introducing changes in laws pertaining to marriage, adoption, succession, and maintenance might be more effective. Codifying personal laws can help in scrutinizing prejudiced norms against the backdrop of the constitution’s fundamental rights. A balanced approach respecting both fundamental rights and religious dogmas is crucial to actualize a UCC free from bias based on religion or political considerations.