Mains Practice Questions

Approach

• Introduce by briefly explaining uniform civil code.
• Discuss the need for uniformity in civil laws.
• Discuss the benefits and challenges of uniformity in personal laws.
• Conclude accordingly.

Introduction

• Uniform civil code (UCC) is envisaged to provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
• Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
  • Article 44 is one of the Directive Principles of State Policy (DPSP).
  • The purpose behind Article 44 is to strengthen the object of "secular democratic republic" as enshrined in the Preamble of the Constitution.

Body

• Status of Uniform Codes in India:
  • Indian laws do follow a uniform code in most civil matters such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 etc.
  • States, however, have made hundreds of amendments and, therefore, in certain matters, there is diversity even under these secular civil laws.
    • Recently, several states refused to be governed by the uniform Motor Vehicles Act, 2019.
  • As of now, Goa is the only state in India with a UCC.
• Need for uniformity in civil laws:
  • Present laws are Discriminatory in nature: Current marriage personal laws discriminate against women, like Sharia law allows a Muslim male to solemnise up to four marriages without taking consent of his existing wives. This complete immunity enables husbands from other communities to desert their wives by converting to Islam and escape from the legal proceedings.
  • Generational progress: A contemporary India is a totally new society with 55% of its population is below 25 years of age. Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity. Their view of shedding identity on the basis of any religion has to be given a serious consideration so as to utilize their full potential towards nation building.
  • Promotes National integration: The Supreme Court of India has opined that UCC can serve as an instrument for national integration by removing disparate loyalties to law which have conflicting ideologies.
• There are many benefits of UCC like:
  • Protection of Vulnerable Section of Society:
    • The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
  • Simplification of Laws:
    • A Uniform Civil Code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions, making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
  • Adhering to the Ideal of Secularism:
    • Secularism is the objective enshrined in the Preamble; a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
  • Gender Justice:
    • If a UCC is enacted, all personal laws will cease to exist. It will do away with gender biases in existing laws.
• Challenges of UCC:
  • Diverse Personal Laws:
    • The customary practices among various communities vary a lot.
      • It is also a myth that Hindus are governed by one uniform law. Marriage among close relatives is prohibited in the north but considered auspicious in the south.
    • Lack of uniformity in personal laws is also true of Muslims and Christians.
    • The Constitution itself protects local customs of Nagaland, Meghalaya and Mizoram.
    • The vast diversity of the personal laws, along with the devotion to which they are adhered to, makes uniformity of any sort very difficult to achieve. It is very tough to find a common ground between different communities.
  • Communal Politics:
    • The demand for a uniform civil code has been framed in the context of communal politics.
    • A large section of society sees it as majoritarianism under the garb of social reform.
  • Constitutional Hurdle:
    • Article 25 of Indian constitution, that seeks to preserve the freedom to practise and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of Indian Constitution.

Conclusion

The government and society will have to work hard to build trust, but more importantly, make common cause with social reformers rather than religious conservatives. Rather than an omnibus approach, the government could bring separate aspects such as marriage, adoption, succession and maintenance into a UCC in stages.