Should India Implement the Uniform Civil Code (UCC)?

 

What happened? 

On June 27th, while addressing BJP workers in Bhopal, PM Modi asserted the need for implementing the Uniform Civil Code (UCC). He said the country could not run with the dual system of 'separate laws for separate communities.' His remark has reopened the debate surrounding the UCC. Many opposition political parties, activists, and communities who oppose the UCC have slammed PM's remarks, claiming that it's a ploy by the government to erase minority practices and rituals. 

Why does it matter? 

The Uniform Civil Code (UCC) proposes to replace personal laws based on religion, customs, and traditions and implement uniform personal/civil law. This law will apply to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc. It has been a topic of debate ever since the days of the Constituent Assembly that framed India's Constitution. It was included in Article 44 among the Directive Principles of State Policy, stating that "the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". Directive Principles are not enforceable by the court. They inform and guide the government. 

What are the arguments from both sides? 

Side 1: The government should implement the UCC: 

• Equality and uniformity: A democratic state is built on the ideal of equality. Implementing UCC will promote equality and uniformity among all citizens and ensure that everyone, regardless of their religious affiliations, is subjected to the same set of laws. It will also promote integrity by establishing a shared platform for diverse communities.

• Gender justice: Under personal laws, women face several discriminatory practices. For example, the rights of women regarding inheritance differ based on their religion in India. Under the Hindu Succession Act of 1956, Hindu women have equal rights to inherit property from their parents and have the same entitlement as Hindu men. However, under Muslim Personal laws, Muslim women's share of the property is half that of Muslim men. 

• Simplification: Multiple personal laws makes the Indian legal system complex and confusing. The UCC will simplify and harmonise the legal framework and help individuals to understand and navigate the legal system better.

Side 2: The government should NOT implement the UCC: 

• Violation of rights: India is a secular nation. Articles 25-28 guarantee the right to freedom of religion to every Indian citizen. Under this right, an individual can practice any religion of their choice, including following its distinct practices and rituals. For instance, Article 26 allows every religious denomination to manage its affairs. Therefore, by replacing personal laws with UCC, the government will violate a citizen's fundamental right, i.e., freedom of religion. 

• Modification: In 2018, the 21st Law Commission, which brought up a consultation paper on 'Reform of Family Law', said that it was 'discrimination and not differences' that caused inequality against women. Thus, rather than replacing personal laws, the government should modify and codify the existing laws to tackle discrimination and inequality. 

• Cultural and Religious Pluralism: India has rich cultural and religious diversity. Personal laws preserve these distinct cultural expressions. Implementing UCC will undermine different communities' cultural and religious identities. In its statement in 2018, the 21st Law Commission said, "Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation."

What's next? 

On June 14th, the 21st Law Commission sought fresh suggestions on UCC from various stakeholders, including public and religious organisations. On June 28th, the panel received 8.5 lakh responses, according to the Commission Chairman Justice Ritu Raj Awasthi. It will continue receiving suggestions until July 13th. AAP has come in support of the government for implementing the UCC, saying it approves of the code 'in principle'. Other stakeholders, however, have remarked that the government rethink its decision.