Uniform Civil Code refers to the formulation and implementation of laws of marriage, adoption, divorce, inheritance etc to all citizens equally regardless of their caste, creed and religion. At present, personal laws of different communities are different and it is governed according to their religious text and scriptures.
Formulation and Implementation of a uniform civil code across the nation is one of the contentious matters prevailed in the country since before independence. It is an important issue regarding secularism in Indian politics. It continues to remain disputed by India's political parties, conservative religious groups and sects in defence of their religious customs.
Uniform Civil Code is basically concerned with Personal Laws of all communities and religions in India. Personal laws are different from public laws. Personal laws covers matters related to marriage, divorce, inheritance, adoption and maintenance. Article 44 of the Constitution of India expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies, meanwhile article 25 to 28 of Indian Constitution states religious freedom to Indian citizens and allows religious groups to maintain their own affairs.
Meaning of Uniform Civil Code-
Uniform Civil Code is a set of three words i.e. Uniform, Civil and Code. Here, Uniform refers 'not varying or the same in all cases', Civil refers 'connected with the people who live in a country' and code refers 'a systematic statement of law or a set of law'. Thus this denotes that civil rules should be equal for all the people irrespective of their religion.
In context of India, Uniform Civil Code (UCC) calls for the formulation of one such civil law that should be applicable to all religious communities in matters such as marriage, divorce, maintenance allowance, inheritance, adoption. Uniform Civil Code comes under Article 44 of the Constitution of India. This states that "the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India." The desirability of a uniform civil code as stated in Constitution of India, is consistent with human rights and the principles of equality, fairness and justice.
Background-
The process of codification of Uniform Civil Code was first started during the British Raj. This was mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and so refrained from further interfering within this domestic sphere. After a long time B N Rau Committee was formed in 1941 to codify Hindu Law. Following Independence of India, based on the recommendations of B N Rau Committee, a bill was adopted in 1956 as the Hindu Succession Act. This amended and codified the law relating to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs while exempted Christians, Jews, Muslims and Parsis, being identified as distinct communities from Hindus.
The judgement in the Shah Bano case is very popular and courts have also made the same point in several other major judgments. In order to bring uniformity in the personal laws the courts have often said in their judgments that the government should move towards a uniform civil code.
Why we need Uniform Civil Code?
Practices which are deep rooted in various religions but are discriminatory and derogatory for women like polygyny, having no right on property for a woman etc. impact adversely on the right of women to their life and dignity. Moreover, difference in marriage, inheritance, adoption rules in various communities is generating a wide gap between them and is promoting the feeling of communal disharmony Uniform Civil Code emerged as a crucial topic of interest after the Shah Bano case in 1985. The debate arose when the question of making certain laws applicable to all citizens rose. UCC is already implemented in many developed countries and it is a symbol of unity and integrity of those nations. Non differential laws facilitate in mutual harmony and lead to development of country.
Why UCC is not considered behavioral in India ?
Formulation of Uniform Civil Code faces opposition primarily from Muslims, Indian left and conservative section of Hindus as a threat to religious freedom. Actual problem rests with the huge communal, religious and cultural diversity of India with deep connection to customs, traditions, faith, rituals and practices. Countries which have implemented UCC have majority of population belonging to one single religion or community, hence it was easier to impose uniform laws there. On the contrary, UCC in India faces behavioral problem of diversity of culture and consequently diversity in rules and laws.
Way Forward-
UCC undoubtedly can contribute to unity, integrity and development of our country as envisaged by our constitution framers. But the personal faith, belief and customs of all the communities in India are equally important .Hence, if a consensus is established among all the religions and communities regarding all social laws , in which elements of all religions are included in a balanced way ,without compromising the unity of nation and without hurting anybody’s religious sentiments ; then it would in fact glorify the secular image of country on a world platform. But attainment of such a consensus need awareness among people and unbiased socio political survey and planning. If we succeed in doing so, then India can set a new example in innovative approach to secularism, democracy, unity, integrity and development.
By: Nikahat Parveen Khan
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