Mains Marathon

Approach

• Introduction: Briefly describe the Uniform Civil Code and constitutional provisions associated to it.
• Body: Mention the implications and challenges of implementing UCC and suggest a way forward.
• Conclusion: Summarize the key points and conclude with a way forward approach.

Introduction:

A Uniform Civil Code (UCC) is a proposal to formulate and implement personal laws that apply to all citizens equally, regardless of their religion, gender, and sexual orientation. It aims to cover areas such as marriage, divorce, inheritance, adoption, and succession of property. Article 44 of the Indian Constitution mentions the UCC as a directive principle of state policy with the objective of promoting gender justice and equality. Even the supreme court in Shah Bano case has hinted the implementation of the UCC.

Body:

The implications of implementing UCC:

• Equal status and gender parity: A Uniform Civil Code would promote gender equality by eliminating discriminatory practices against women found in personal laws of different religions.
• Alignment with universal principles: A UCC would reflect the aspirations of the younger generation influenced by universal principles of equality, humanity, and modernity.
• National integration and reduced communal tensions: Implementing a UCC would reduce communal tensions by preventing the politicization of discriminatory practices or privileges based on personal laws of specific religious communities.
• Avoidance of contentious reform: A UCC would bypass the need for individual religious communities to reform their personal laws, which can often face resistance from conservative groups.

However, implementing the UCC faces several challenges:

• Resistance from religious groups: Some religious groups fear losing their freedom and identity under the UCC. They argue that personal laws are derived from their religious scriptures and customs and cannot be replaced by a common code.
• Lack of clarity: There is no clear definition or agreement on the UCC. Different groups have different views and expectations, causing conflicts and confusion.
• Lack of political consensus: Some parties favor preserving religious autonomy and personal laws for their vote bank, while others support a more uniform and secular law. This leads to political polarization and delays the UCC.
• Legal and administrative complexities: Implementing the UCC requires a major change in the legal and administrative system, which is difficult and challenging. Issues like polygamy, inheritance, and adoption must be resolved through research and consultation. Compatibility with the constitution is also a challenge.

Way Forward

• The UCC should be based on a broad-based consensus among various stakeholders rather than a top-down imposition by the state. The UCC should be drafted through a participatory and inclusive process that involves consultation and dialogue with different communities, especially minorities.
• The UCC should respect the diversity and plurality of personal laws while ensuring that they do not violate human rights and constitutional values. The UCC should not seek to homogenize or erase cultural differences but rather accommodate them within a common framework.
• The UCC should be progressive and reformist rather than regressive and rigid. The UCC should reflect the changing needs and aspirations of society rather than adhere to outdated norms and practices.
• The UCC should also be flexible and adaptable to future changes rather than fixed and immutable.
• The government can adopt a “Piecemeal” approach. It could bring separate aspects such as marriage, adoption, succession and maintenance into a UCC in stages, with adequate consultation and participation of stakeholders.

Conclusion:

The UCC can be beneficial for India, ensuring uniformity and consistency in personal laws across religions, genders, and sexual orientations. However, its implementation requires careful deliberation and consensus-building among stakeholders. Therefore, a pragmatic and participatory approach, upholding the principles of justice, equality, and secularism, is essential to implement the UCC in a harmonious manner.