In News | Uniform Civil Code

The Uniform Civil Code (UCC) is a proposal in India to create and enforce personal laws that apply to all citizens equally, regardless of their religion, gender, or sexual orientation. Personal laws cover aspects such as marriage, divorce, inheritance, adoption, and maintenance. Currently, these laws are governed by the religious scriptures of different communities.

What is Uniform Civil Code?

The UCC is mentioned in Article 44 of the Indian Constitution, which states that the state should strive to establish a uniform civil code throughout India. It is a contentious issue in Indian politics, with the ruling Bharatiya Janata Party supporting it, while the political left wing, Muslim groups, and other conservative religious groups oppose it to defend their religious customs and Sharia law.

Background and Context

The concept of a UCC can be traced back to the colonial period when the British Raj established personal laws for Hindus and Muslims. However, they refrained from interfering further due to fears of opposition from community leaders. The idea of a UCC was advocated by leaders like Jawaharlal Nehru and B.R. Ambedkar during the drafting of the Indian Constitution but faced resistance from members belonging to minority communities.

Currently, the state of Goa in India has its own UCC, known as the Goa Civil Code, which was retained from Portuguese rule. However, it is not entirely uniform, as it has specific provisions for different communities.

Arguments for and against UCC

The Supreme Court of India has expressed its support for a UCC in several landmark judgments, emphasising the need to uphold the constitutional mandate, promote national integration, and ensure gender justice. The Law Commission of India has also examined the issue in various reports, suggesting a gradual and incremental reform of personal laws rather than a complete replacement.

Supporters of the UCC argue that it would ensure equality before the law, promote national integration, empower women, simplify the legal system, and reflect progressive values. On the other hand, opponents argue that it would violate religious freedom, impose a homogenous code on minority communities, disrupt social harmony, be difficult to implement, and potentially be influenced by dominant ideologies or interest groups.

Challenges and Suggestions for UCC

The main challenge in implementing a UCC is striking a balance between respecting India’s religious and cultural diversity while ensuring equality and justice for all citizens. Other challenges include political will, the complexity of personal laws, resistance from religious and community leaders, and public apathy. Suggestions for the UCC include a gradual approach to reform, involving all stakeholders, educating the public, and ensuring flexibility and responsiveness to societal needs.

Summary

Overall, the UCC remains a contentious issue in India, with arguments for and against its implementation based on considerations of equality, diversity, religious freedom, and social cohesion.