Uniform Civil Code (UCC) in India: Benefits, Criticisms, and Implementation Challenges

Introduction

In any democracy in this world, there is a belief that the same law should be applied equally to everyone, which is, the aim of the laws should be ‘treat everyone equally.’ India is a very diverse country, whether it is religion or culture, every citizen can practice them however they want. But with such diversity and liberty, some problems also have taken root in society. This brings tension among religious groups, the main reason for these tensions are personal laws of different religions. The different personal laws define different laws for marriage, divorce adoption, and inheritance. To overcome the conflicts in these matters the state should implement laws that would be uniform to everyone. And, from here the concept of UCC (Uniform Civil Code) comes into the picture. U.C.C. (Uniform Civil Code) comes under Article 44 of the constitution and the DPSP (Directive Principles of State Policy) which states that the Indian government should work on implementing the Uniform Civil Code Throughout Indian territory.

This article is going to discuss: –

  • What is the Uniform Civil Code (UCC)?
  • The benefits of the Uniform Civil Code
  • Criticisms of this Civil Code, and
  • How it should be implemented.

What is UCC?

In essence, UCC refers to a system of rules that apply to all people of the nation, regardless of religion, and that govern personal issues like marriage, divorce, adoption, inheritance, and succession. A UCC is intended to eliminate the various personal laws that currently apply to members of different religious groups.

These laws include the Parsi Marriage and Divorce Act, the Hindu Marriage Act, the Hindu Succession Act, the Indian Divorce Act, the Indian Christian Marriages Act, and others. ‘The Shariat Application Act and the Dissolution of Muslim Marriages Act, for example, officially recognize certain components of Muslim personal laws, which are based on religious sources and not legislated.’ legislated. Monogamy, equal rights for sons and daughters to inherit paternal property, and regulations regarding guardianship and custody that are unaffected by gender or religion are among the ideas in UCC. 

Given that the Hindu Code Bills have been in effect for many years and are already applicable to Hindus, these recommendations may not have a significant impact on the position of Hindu society. One of the controversial pledges the Bharatiya Janata Party, which is now in power in India, has made is to implement a standard civil code across the country. Marriage, divorce, inheritance, adoption, and maintenance are all covered under personal laws, which are distinct from public law. Articles 25 through 28 of the Indian Constitution guarantee the freedom of religion to all Indian citizens and permit religious organizations to conduct their affairs. However, Article 44 of the Constitution requires the Indian state to apply directive principles and common law to all Indian citizens when establishing national policies. Following the Shah Bano case in 1985, UCC became an important topic of discussion in Indian politics. The argument developed over how to apply some rules to all people without affecting their fundamental right to freedom of religion. The topic then moved to Muslim Personal Law, which is based in part on Sharia law and is one of the ways that Sharia law is properly enforced. It also permits unilateral divorce and polygamy. The BJP had included UCC in its manifesto for both the 1998 and 2019 elections, and in November 2019 it was even suggested that UCC be introduced in Parliament. Although the bill was quickly withdrawn to make certain changes in the face of opposition MP complaints.

Benefits of UCC

UCC calls for the formulation of one law for India, which could apply to all religious communities in matters such as marriage, divorce, inheritance, and marriage. UCC does not interfere with how one is practicing their religion behind doors. So, Uniform Civil Code has many benefits:-

  1. National integration: Different communities will not be governed by different laws but with the same law which, in people’s minds will bring the realization of equality among all religions which will help in national integration.
  2. Women and minorities: “Prevailing personal laws disprivilege women”, in ‘Shah Bano Begum case’, Shah Bano was divorced by her husband, who refused to give her any maintenance beyond the Iddat period because he followed Shariah law. She took this case to the Supreme Court of India, and the apex court directed the Indian government to implement Uniform Civil Code so that women like Shah Bano could get justice. In the current scenario, no law in India acknowledges same-sex relationships, which also becomes a reason that people in this type of relationship face difficulties in India. UCC will help the people engaged in same-sex relationships, as it does not discriminate based on sex or gender like personal laws do.
  3. Inter-faith and inter-caste marriages- UCC will be good for those couples who are engaged in inter-faith and inter-caste marriages. Different religious communities by using their laws either try to cancel the marriage or force the man or woman to convert the religion. 
  4. Judiciary- Courts will also be benefitted from UCC. Right now, the ‘High Courts of India have 4.64 million pending cases and district courts have 31 million pending cases, from which many cases are related to conflict and complications of personal laws’, and because every community has its different laws, which leads these cases to be dragged for years. So, UCC will also help in the pendency problem of the courts of India.  

Criticisms of UCC

Given the history of the UCC and the problems it promises to solve, those who disagree with the idea are vocal about their opposition.

Naga Community

According to reports, the minority community of Naga is displeased with the implementation of UCC. The Nagaland Bar Association has issued a clear warning that the implementation of UCC could bring about significant trouble to the culture and dignity of the Naga community. K G Kenye, Minister for Power & Parliamentary Affairs said “Our people have not accepted the proposed imposition of UCC and are against even with the idea of such enactment of it and there have been resentments from all quarters with tribal bodies and civil society organizations openly declaring not to accept the imposition of UCC” The minister also expressed hope that the Centre will honor its commitment and uphold Article 371(A) of the Constitution to exempt Nagaland from implementing the Uniform Civil Code.

Few Political Parties

There are political parties that oppose the implementation of UCC and advocate for minority rights. They argue that the implementation of UCC is impossible due to India’s diverse cultural landscape. The Muslim community is particularly concerned about the implementation of UCC, as they fear it may be a conspiracy to impose Hindu Personal Law on all citizens and ignore the views of minority communities.

Muslim Community

The Law Commission conducted a questionnaire regarding the Uniform Civil Code, but the Muslim community, represented by the All-India Muslim Personal Law Board, chose to boycott it and showed clear rejection of it.

Mr. Maulana Wali Rehmani, the General Secretary of the All-India Muslim Personal Law Board, stated that the “Uniform Civil Code is divisive and will lead to social unrest, and it is against the spirit of the Constitution, which safeguards the right of citizens to practice their culture and religion”.

There is a debate about whether a public referendum should be conducted regarding the issue of triple talaq. Some argue that, since it is part of Muslim personal law, only Muslims should have a say in the matter.

How UCC should be implemented

The Uniform Civil Code’s (UCC) implementation in India has been a point of contention and disagreement for many years. A consistent set of civil laws that apply to all citizens regardless of their religion, caste, or creed is the goal of the UCC, which seeks to replace personal laws based on religious practices and customs.

The UCC aims to handle concerns around inheritance, marriage, and divorce first. Different religious sects in India currently adhere to different regulations about these issues. Unaffected by their religious affiliations, all people are guaranteed equal rights and protections under the UCC’s consistent framework.

By guaranteeing that women have equal rights and opportunities in marriage, divorce, and inheritance, the UCC also hopes to advance gender equality. This can include rules that forbid behaviors like polygamy and triple talaq, which have been criticized for being biased toward women.

Thirdly, by lessening the influence of religious practices in civil concerns, the UCC seeks to offer a more secular legal framework. This would ensure that laws are founded on the values of justice, equality, and individual rights and aid in maintaining the separation of religion and state.

The UCC would also promote societal cohesion by reducing interreligious conflicts brought on by incompatible personal laws. It might encourage a sense of cohesion among various communities, strengthening the idea of national identity.

The implementation of UCC, however, is a sensitive and complicated process that calls for careful consideration of a range of cultural, social, and religious concerns. Engaging stakeholders from various communities would be necessary to address their concerns and guarantee that the new laws are respected.

 The establishment of a uniform legal framework for issues relating to marriage, divorce, and inheritance, the advancement of gender equality, the secularisation of civil laws, and the promotion of social harmony are all aspects of the Uniform Civil Code that were being considered for implementation in India. The UCC is an important step in the direction of a more egalitarian and cohesive legal system, but its implementation necessitates a careful balancing act between the various cultural and religious backgrounds in the nation.

Conclusion

Crucially Dr. B.R. Ambedkar argued that the absence of a UCC would hinder the government’s attempts at social reforms. In the absence of any consensus on the implementation of UCC, the safe way to prevent any conflict is to preserve the diversity of personal laws, however, it is also crucial to make sure that these laws do not violate any fundamental rights guaranteed by the Indian Constitution. The UCC is a crucial need for a country like India, which is just too much diverse. A state only exists when all people are united and have integrity, so to transform India into a place where everyone lives without any conflicts, or discrimination arising based on personal law, and to maintain national integrity the implementation of UCC is a must. The government should look into the issues raised against UCC by different communities and opposition parties and should explain to them how this code (bill) will be implemented. The UCC will not only help with caste and religion matters but will also help with ethnic, sexual, and gender matters. The government should work on implementing UCC as soon as possible to ensure that all people are governed under same law – “One nation one law”.

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