Need for UCC in India | 29 Jun 2023

Why in News?

Indian Prime Minister in his recent address expressed his support for the implementation of a Uniform Civil Code (UCC) in India, stating that India cannot function efficiently with a system of “separate laws for separate communities”.

What is a Uniform Civil Code?

• Origin and History:
  • The British government's 1835 report in colonial India called for uniform codification of Indian law, including crimes, evidence, and contracts.
    • However, the Lex Loci Report of October 1840 suggested that personal laws of Hindus and Muslims should be excluded from this codification.
  • As British rule progressed, the B N Rau Committee was formed in 1941 to codify Hindu law, leading to the enactment of the Hindu Succession Act in 1956.
• Constituent Assembly’s Views on UCC:
  • During the debates in the Constituent Assembly, the inclusion of the UCC sparked significant discussion.
    • There was a vote, resulting in a 5:4 majority, where it was decided by the sub-committee on fundamental rights, led by Sardar Vallabhbhai Patel, that the UCC would not be included as a fundamental right.
    • Dr. B R Ambedkar, while drafting the Constitution, stated that a UCC was desirable but should remain voluntary until the nation was socially prepared to accept it.
    • As a result, the UCC was placed in the Directive Principles of State Policy (DPSP) (Article 44).

What are the Arguments in Favour of UCC?

• Celebrating Diversity, Strengthening Unity: It will promote national integration and secularism by removing the distinctions and contradictions based on religious personal laws and creating a common identity for all citizens.
  • It would also foster a sense of unity and harmony among diverse communities.
  • For example, UCC would enable inter-faith marriages and relationships without any legal hurdles or social stigma.
• Empowering Women through Uniformity: It would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws, such as polygamy, unequal inheritance, etc.
• Streamlining Laws for Legal Efficiency: India's current legal system is burdened with complex and overlapping personal laws, leading to confusion and legal disputes.
  • A UCC would simplify the legal framework by consolidating and harmonising various laws into a single code.
  • This would enhance clarity, ease of implementation, and reduce the burden on the judiciary, ensuring a more efficient legal system.
• Drawing Inspiration from Global Success Stories: Many countries across the world like France, have implemented a uniform civil code.
  • A UCC is the sign of a modern progressive nation implying that it has moved away from caste and religious politics.

What are the Arguments Against the UCC?

• Threat to Minority Rights: India's strength lies in its diverse society, and personal laws have been developed to accommodate these diversities.
  • Critics argue that imposing a single code might undermine the cultural and religious autonomy of minority communities, leading to feelings of alienation and marginalisation.
• Judicial Backlog: India already faces a significant backlog of cases, and implementing a UCC could exacerbate the situation.
  • The extensive legal reforms necessary to harmonize personal laws into a single code would demand significant time and effort.
  • Consequently, during this transitional period, the legal system may experience an increased burden due to the emergence of new cases challenging the constitutionality of the UCC.
• Complexities within UCC in Goa: Goa's implementation of a UCC has been praised by the Supreme Court in 2019. However, the ground reality reveals complexities and legal pluralities within the state's UCC.
  • The UCC in Goa permits a specific form of polygamy for Hindus and does not extend the Shariat Act to Muslims (they are governed by Portuguese and Shastric Hindu laws).
  • Additionally, catholics enjoy certain privileges, such as exemption from marriage registration and the ability of Catholic priests to dissolve marriages.
  • This highlights the complexity of personal laws in India, even within a state known for implementing a UCC.

What are the Challenges in Implementing UCC?

• Political Inertia: No political party has shown a sincere and consistent commitment to enact UCC, as it is seen as a sensitive and divisive issue that may alienate their vote banks.
  • Moreover, there is no consensus among various parties and stakeholders on the scope, content and form of UCC, as different groups have different views and interests on personal matters.
• Lack of Awareness and Education: Many people in India are not even aware of their legal rights and obligations under their personal laws or under the common laws.
  • They are also not educated about the benefits and drawbacks of UCC or about the experiences of other countries that have adopted or rejected UCC.
  • They are often influenced by misinformation or propaganda spread by vested interests or communal forces.

Way Forward

• Comparative Analysis: There is a need to conduct a comprehensive comparison analysis of the various personal laws in India. This will help in understanding the commonalities and areas of contention.
• Enactment of Common Principles: Based on the comparative analysis, we can enact a law of personal status that incorporates principles shared by the different personal laws.
  • These common principles, which align closely across various personal laws, can be immediately enforced to establish a uniform legal framework.
• Family Law Board: There is a need to establish a Family Law Board within the Union Law Ministry which would be responsible for studying and recommending changes to personal laws related to family matters.
• Brick by Brick Approach: A just code is far more important than a uniform code; Pilot projects can be initiated in select regions or communities which would demonstrate the viability, acceptance and practicality of a UCC.

Source: TH