Uniform Civil Code (UCC): Explained

Uniform Civil Code (UCC): Explained

Recently, the Central Government petitioned the Supreme Court for a Uniform Civil Code (UCC), arguing that different laws are an affront to the nation's unity.

About

• The Centre responded to petitions filed in the Supreme Court seeking uniformity in laws governing divorce, succession, and inheritance, as well as adoption and guardianship for all people, regardless of gender or religion.
• However, the government has not directed the Legislature to enact specific UCC legislation.
• It is up to the elected representatives of the people (legislature) to decide whether or not to pass legislation.

Arguments in favour of UCC

• Constitutional Provisions: Article 44 of the Directive Principles of State Policy (DPSP) in Part IV of the Indian Constitution imposes on the state the obligation to strive for a Uniform Civil Code throughout the country for citizens.
• National Unity: According to the Centre, people of different religions and denominations adhering to a different property and matrimonial laws create an "affront to the nation's unity."
• Umbrella for the Uniform Civil Code: The term UCC refers to the area of personal law that deals with marriage, divorce, child custody and guardianship, inheritance and succession, and adoption.
• Uttarakhand has also formed an expert committee to study personal laws and report on proposed amendments in order to effectively implement the Uniform Civil Code in the state.
• Article 44 emphasises the purpose of strengthening the preambular objectives of the Secular Democratic Republic and ensuring India's integration by bringing communities on a common platform on matters governed by diverse personal laws.
• Religion should be removed from social relations and personal law.
• Positive Secularism and Gender Justice: The UCC would help to end socio-religious and gender discrimination and strengthen the nation's secular fabric. Consider the prohibition on triple talaq.
• Unjust customs and traditions will be eliminated: A unified personal law will eliminate much prevalent evil and unjust customs and traditions across various communities. Manual scavenging Act, for example.
• Administration Ease: India is on track to overtake China as the world's most populous country. UCC would make it easier to administer India's massive population base.

Arguments against UCC

• UCC is a sensitive subject with inherent sensitivity of the involved communities regarding traditional personal laws, religious tenets, cultural ethos, and practices.
• For example, the All India Muslim Personal Law Board believes that marriage and inheritance laws have always been a part of religion.
• Need for more extensive deliberation/discussion: Any efforts to bring about change and uniformity in the personal laws that govern various communities should be guided by dialogue and consensus.

In 2018, India's 21st Law Commission issued a consultation paper titled "Reform of Family Law," which suggested the need for further deliberation/discussion.

• Putting a crimp in syncretic culture: India is known for its distinct identity as a diverse, multicultural, multi-religious society. A unified legal system could stymie such a syncretic cultural identity.
• Fundamental rights violation: Religious denominations oppose UCC on the grounds that state interference in religious affairs would violate fundamental rights guaranteed by Article 25 of the constitution.
• Communal unrest: UCC could be perceived as a tyranny of the majority over the minority, and its implementation could foster a pervasive culture of communal unrest in India.

Other Provisions Regarding the Uniform Civil Code:

• Seventh Schedule to the Constitution: Many issues concerning the UCC are addressed in item five of the Concurrent List (legislative jurisdiction of both the Union and the States) in the Constitution's Seventh Schedule.
• Marriage, maintenance, dowry, divorce, and inheritance are all covered by the Muslim Personal Law (Shariat) Application Act of 1937.
• 1956 Hindu Succession Act: It was amended in 2005 to allow daughters to inherit ancestral property.

The Way Forward

• When the chairman and members of the 22nd Law Commission are appointed, the subject of 'Reform of Family Law' will be brought before the Commission for consideration in 2018.
• The government should review the report submitted by the Commission in consultation with stakeholders from various communities, religions, and denominations.
• The Law Commission's suggestion to codify all personal laws should be considered in order to arrive at some principles that prioritise equity over the imposition of UCC.

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