The question of implementing a uniform civil code in India, as envisaged by the Directive Principles of State Policy, is a complex and contentious issue that has garnered significant attention and debate. Despite the constitutional directive to strive for a uniform civil code that would apply to all citizens irrespective of their religious beliefs, several factors hinder India from enacting such a comprehensive legal framework. One of the primary impediments lies in the diverse religious and cultural fabric of the country, with various communities adhering to distinct personal laws. This diversity fosters apprehensions among different religious groups, fearing the dilution of their unique legal practices and traditions. Additionally, political considerations play a crucial role, as parties may be hesitant to take a stance on such a sensitive matter, fearing potential backlash from religious communities and voters. The historical context of British colonial rule, which preserved separate personal laws for different religious groups, further complicates the path towards a uniform civil code. This essay will delve into these factors, exploring how they contribute to the challenges faced by India in realizing a uniform civil code for its citizens.
Tag: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.
Decoding the Question:
- In the Introduction, briefly write about the uniform civil code (UCC) and mention Article 44 of the Indian Constitution.
- In Body,
- Mention the need for UCC in India.
- Writing possible factors that inhibit India from enacting UCC.
- Elaborate factors inhibiting and suggest alternatives.
- Try to Conclude with Dr. B.R. Ambedkar’s remarks on UCC.
Answer:
In India, each community is governed by its own customs and personal laws relating to marriage, divorce, maintenance, adoption, succession, and inheritance. The idea behind uniform civil codes is to merge them into a single gender-neutral code applicable to all citizens of India. The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set of laws governing every citizen. Article 44 of the Indian constitution envisages India to have a uniform civil code for all its citizens.
Need for Uniform Civil Code:
- In the Shah Bano Case 1985: The Supreme Court, in the Shah Bano case, observed that a common Civil Code would help the cause of national integration by removing disparate loyalties to laws that have conflicting ideologies.
- In the Sarla Mudgal Case (1995), Jordan Diengdeh vs. SS Chopra, and John Vallamattom vs. Union of India case, the Court reiterated the need for Parliament to frame a Uniform Civil Code, which would help the cause of national integration by removing ideological contradictions.
- It will ensure just and fair treatment of women from all sections of society and help in the progress of society by realizing the values enshrined in the Constitution.
- It will also reduce vote-bank politics and help in the integration of India as it will be a binding thread across diverse cultural groups.
- The personal laws are inconsistent with Article 14 of the Constitution.
Possible Factors that Inhibit India from Enacting a Uniform Civil Code:
- No common ground: It is very tough to find a common ground between different communities. The customary practices among communities vary a lot. It is not easy to carry all people with a commonly accepted code.
- May violate fundamental rights: There is an apprehension that the uniform civil code may conflict with the fundamental rights of freedom of conscience of free profession, practice, and propagation of religions (Article 26) and the freedom to manage religious affairs (Article 25).
- Opposition from the religious groups: This is one of the most trivial and obvious hurdles to bring up the UCC. Fundamentalism which is deeply rooted in many of the religions in India doesn’t seem to vanish even in the 21st century.
- Political willpower: The government should have the will to face the consequences of abolishing the personal laws of the major religions and to convince the people of justice and reform they want to bring to the society to grow better as a nation.
- Practical difficulties due to diversity in India: It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to the tremendous cultural diversity in India across religions, sects, castes, states, etc.
- Perception of UCC as an encroachment on religious freedom: Many communities, particularly minority communities perceive the Uniform Civil Code as an encroachment on their rights to religious freedom. They fear that a common code will neglect their traditions and impose rules that will be mainly dictated and influenced by the majority of religious communities.
- Sensitive and tough task: Such a code, in its true spirit, must be brought about by borrowing freely from different personal laws, making gradual changes in each, issuing judicial pronouncements ensuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the benefits that one community secures from the others. This task will be a very demanding time and human resource-wise.
- False conceptions: Many people still do not know what the uniform civil code means. There are still false conceptions surrounding it, especially among the minorities. UCC is also sometimes perceived as the imposition of the Hindu code and procedures, and this adds to its opposition from the minorities. This makes a rational debate on its implementation quite difficult.
Suggestions to Address the Issues:
According to the Law Commission of India, discriminatory practices within a religion should not hide behind the cloak of that faith to gain legitimacy.
- The way forward may not be a uniform civil code, but the codification of all personal laws so that prejudices and stereotypes in every one of them would come to light and could be tested on the anvil of fundamental rights of the Constitution.
- By codification of different personal laws, one can arrive at certain universal principles that prioritize equity rather than the imposition of a uniform code, which would discourage many from using the law altogether, given that matters of marriage and divorce can also be settled extra-judicially.
- The Commission suggested that nikah Namas should make it clear that polygamy is a criminal offense, and this should apply to “all communities”.
Thus, UCC cannot be forced on unwilling people but to follow the middle path of voluntary adoption, as once suggested by Dr. B.R. Ambedkar, Chairman of the Drafting Committee of the Constitution of India: “A UCC is desirable but in a piecemeal manner”. Separate aspects such as marriage, adoption, succession, and maintenance into a uniform civil code in stages can be tried and tested. But the try and test requires a cautious approach as India is a land of plural and diverse country and society with varying degrees of religious sensibilities.
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