India’s need for a new secular civil code is becoming increasingly important as the country continues to grow and diversify. A secular civil code would provide a unified set of laws governing personal matters like marriage, divorce, inheritance, and adoption for all citizens, regardless of their religion. Currently, different religious communities follow their own personal laws, which can sometimes lead to inequalities and confusion. By implementing a secular civil code, India could ensure that everyone is treated equally under the law, promoting fairness and national unity while respecting the country’s diverse cultural and religious backgrounds.
Tags: GS – 2, Polity & Governance- Fundamental Rights – Directive Principles of State Policy – Issues Related to Women
Context:
- The Uniform Civil Code (UCC) in India aims to unify personal laws for marriage, divorce, inheritance, and adoption across different religious communities.
- Advocates believe it will enhance national integration, gender justice, and legal equality, while opponents worry about preserving religious and cultural diversity.
What is the Uniform Civil Code (UCC)?
- About: The Uniform Civil Code (UCC) refers to a unified set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession applicable to all citizens of India.
- Constitutional Provision: The UCC is outlined in Article 44 of the Indian Constitution as a Directive Principle of State Policy, directing the state to secure a uniform civil code throughout India.
- Legally Enforceable Status: It is important to note that while the UCC is a guiding principle, it is not a legally enforceable right.
What is Constitutional History?
- The Initial Debates:
- Sub-Committee on Fundamental Rights: This committee was responsible for drafting fundamental rights for the Constitution, with figures like Ambedkar, Munshi, and Minoo Masani including UCC in their drafts.
- Opposition: M.R. Masani, Hansa Mehta, and Amrit Kaur opposed the non-justiciable status, arguing that personal laws based on religion impeded national unity and advocated for UCC as a justiciable right.
- Constituent Assembly Debates:
- Draft Article 35: Introduced by Ambedkar and later becoming Article 44, placed UCC within Directive Principles, making it non-mandatory.
- Opposition by Muslim Leaders: Leaders such as Ismail Sahab and Pocker Sahib Bahadur argued that UCC would infringe upon religious freedom and cause disharmony.
- Defence of UCC:
- K.M. Munshi: Supported UCC for promoting national unity and secularism, addressing concerns from Hindu communities as well.
- Alladi Krishnaswami Aiyyar: Argued that UCC would enhance harmony and questioned the lack of protest against the common criminal code.
- Ambedkar: Emphasised UCC’s optional nature and its inclusion in Directive Principles as a compromise.
Key Judicial Pronouncements on UCC:
- 1985 – Shah Bano Case: Affirmed a Muslim woman’s right to maintenance, linking UCC to national integration.
- 1985 – Jorden Diengdeh Case: Highlighted inconsistencies in divorce laws, advocating for UCC for legal uniformity.
- 1995 – Sarla Mudgal Case: Strongly supported UCC, particularly for the Hindu majority, and questioned the delay in its implementation.
- 1996 – Pannalal Bansilal Pitti Case: Recognized India’s pluralism and suggested gradual implementation of UCC.
- 2000 – Lily Thomas Case: Emphasised UCC’s significance regarding succession laws.
- 2003 – John Vallamattom Case: Invalidated discriminatory provisions in Christian personal law, reinforcing the need for UCC.
- 2014 – Shabnam Hashmi Case: Linked the Juvenile Justice Act to UCC, underscoring the necessity for secular laws.
- 2017 – Shayara Bano Case: Addressed triple talaq, reigniting UCC debates while separating it from human rights issues.
What are the Arguments in Favour of Uniform Civil Code?
- Equality Under the Law:
- Uniform Treatment: A UCC would ensure equal rights and treatment for all citizens, regardless of religious background, aligning with Article 14 of the Indian Constitution.
- Model Implementation: The recent UCC implementation in Uttarakhand, which bans polygamy and standardised the marriage age at 21, serves as a model for potential national application.
- Empowering Women:
- Addressing Discrimination: A UCC could address gender discriminatory practices in personal laws, such as triple talaq, unequal inheritance rights, and child marriage.
- Statistics: NFHS-5 estimates indicate 23.3% of women aged 20-24 were married before 18, highlighting the need for uniform marriage laws.
- Simplifying the Legal System:
- Legal Complexity: The existing multiple personal laws based on religion create a complex legal landscape.
- Streamlining: A UCC would simplify the legal system, making judicial administration more straightforward and potentially reducing the backlog of civil cases.
- National Integration:
- Unified Identity: A UCC would foster national integration by emphasising citizenship over religious identity in civil matters, reflecting the concept of “constitutional patriotism.”
- Precedent: The successful implementation of the Indian Penal Code across diverse communities serves as a precedent for a unified law.
- Modernization and Social Reform:
- Outdated Practices: A UCC could reform outdated practices and align personal laws with contemporary social values.
- LGBTQ+ Rights: It could address issues like LGBTQ+ rights in marriage, adoption, and inheritance, which are currently not uniformly recognized.
- International Alignment:
- Global Examples: Many countries with diverse populations, such as Turkey, have successfully implemented unified civil codes.
- Human Rights Standards: Adopting a UCC could align India with international human rights standards and potentially improve its standing on global indices, such as the Global Gender Gap index.
What are the Arguments Against the Uniform Civil Code (UCC)?
- Cultural Preservation:
- Diversity at Risk: India’s pluralistic society is marked by diverse cultural and religious practices protected under current personal laws. Critics argue that a UCC could erode this diversity, leading to cultural homogenization.
- Example: The unique matrilineal inheritance system of the Khasi tribe in Meghalaya may be threatened by a uniform code.
- Religious Freedom:
- Infringement on Rights: Opponents claim that UCC might infringe on the right to religious freedom as guaranteed by Article 25 of the Constitution. Personal laws are integral to the religious practices of many communities.
- Survey Findings: A 2021 Pew Research Center survey revealed that 84% of Indians consider religion very important, indicating potential resistance to changes in religiously influenced personal laws.
- Minority Rights:
- Potential Marginalisation: There are concerns that a UCC might disproportionately affect minority communities, leading to marginalisation.
- Recent Opposition: The implementation of UCC in Uttarakhand faced opposition from minority groups who felt their customs were inadequately considered.
- Demographic Concern: With minorities comprising about 19.3% of the population (2011 Census), there is a fear that UCC might be biassed towards majority practices, potentially diluting their cultural identity.
- Practical Implementation:
- Logistical Challenges: Creating a UCC that satisfies all communities in a diverse country like India is considered practically challenging.
- Law Commission Report: The 2018 Law Commission report deemed a UCC “neither necessary nor desirable at this stage,” citing the country’s diversity.
- Regional Variations: Even within Hindu law, which was codified in the 1950s, there are regional variations, such as the Hindu Succession (Kerala Amendment) Act, 2015.
- Federalism Concerns:
- State vs. Centre Authority: Implementing a nationwide UCC might infringe on India’s federal structure, where personal laws fall under the Concurrent List, allowing both state and central governments to legislate.
- Autonomy Issues: A centrally imposed UCC could undermine state autonomy and conflict with state-specific laws and customs, as seen with Uttarakhand’s state initiative.
- Economic Impact:
- Implementation Costs: The overhaul required for UCC implementation would involve significant costs, including retraining legal professionals and updating legal databases.
- Judicial Burden: With over 47 million cases already in backlog, critics argue that resources for UCC could be better utilised in addressing existing judicial inefficiencies.
What Should be the Way Forward?
- Inclusive Dialogue:
- Stakeholder Consultation: The process for UCC should involve extensive consultations with religious leaders, legal experts, civil society organisations, and community representatives.
- Transparency: Ensure clear communication of proposed changes and their implications, encouraging public debates and discussions to build broader consensus and address concerns.
- Phased Implementation:
- Gradual Approach: Implementing UCC in phases, starting with less contentious areas like standardising marriage age and inheritance rights, could minimise disruption.
- Feedback Mechanism: This approach allows for adjustments based on feedback and real-world outcomes, providing time for communities to adapt and for the legal system to prepare.
- Constitutional Safeguards:
- Protection of Minority Rights: Implement robust safeguards to protect minority rights and cultural practices, including a body to oversee implementation and address grievances.
- Exemption Mechanisms: Establish clear mechanisms for communities to seek exemptions for practices that do not conflict with fundamental rights.
- Evidence-Based Reform:
- Study State-Level Initiatives: Analyse outcomes of existing state-level reforms, such as Goa’s civil code and Uttarakhand’s UCC, to inform the design of a national UCC.
- Data-Driven Approach: Use evidence to highlight successful strategies and potential pitfalls, providing concrete data to support or modify arguments for and against UCC.
Conclusion
The Uniform Civil Code (UCC) is a complex issue balancing national integration with cultural and religious diversity. While it promises legal uniformity and gender equality, concerns about cultural erosion, religious freedom, and practical challenges persist. A gradual, inclusive approach with robust safeguards and evidence-based reform is essential for effective implementation.
UPSC Civil Services Examination Previous Year’s Question (PYQs)
Prelims:
Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012)
- Securing for citizens of India a uniform civil code
- Organising village Panchayats
- Promoting cottage industries in rural areas
- Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
- 1, 2 and 4 only
- 2 and 3 only
- 1, 3 and 4 only
- 1, 2, 3 and 4
Ans: (b)
Q2. A legislation that confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India?
- Article 14
- Article 28
- Article 32
- Article 44
Ans: (a)
Mains
Q:1 Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (2015)
Source: HT
FAQs
Q: What is a secular civil code?
- Answer: A secular civil code is a set of laws that apply equally to all citizens, regardless of their religion. It covers personal matters like marriage, divorce, inheritance, and adoption, ensuring that everyone is treated the same under the law.
Q: Why does India need a new secular civil code?
- Answer: India needs a new secular civil code to promote equality and unity among its diverse population. Currently, different religious communities follow their own personal laws, which can lead to inequality and discrimination. A common code would ensure that everyone has the same rights and protections.
Q: How would a secular civil code impact people’s lives?
- Answer: A secular civil code would create a uniform set of rules for personal matters, simplifying legal processes and reducing confusion. It would help protect the rights of women and marginalized groups, who sometimes face unfair treatment under existing personal laws.
Q: What are the challenges in implementing a secular civil code in India?
- Answer: The challenges include resistance from religious communities that may want to keep their own personal laws, as well as the difficulty of balancing the diverse cultural and religious practices in India. Implementing a new code would require careful consideration and widespread dialogue.
Q: Has India taken any steps towards a secular civil code?
- Answer: There have been discussions and proposals for a secular civil code for many years, but no comprehensive code has been implemented yet. Some states have made progress in reforming specific aspects of personal law, but a nationwide secular civil code remains a topic of ongoing debate.
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