The Centre has been pitching for the Uniform Civil Code (UCC) for its citizens. In October, it told the Supreme Court that people from different religions following matrimonial and property laws was an affront to “national unity”. The matter was placed before the 22nd Law Commission. Now eight months on, the Centre’s panel has sought views from the public and religious organisations on the politically sensitive matter.
A notice by the Commission said that those interested and willing can present their views within 30 days.
Earlier the 21st Law Commission, whose term ended in August 2018, had examined the issue of the UCC and solicited views of stakeholders on two occasions. Subsequently, a consultation paper on “Reforms of Family Law” was issued in 2018.
“Since more than three years have lapsed from the date of issuance of the said consultation paper, bearing in mind the relevance and importance of the subject and also the various court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject,” the panel said in a ‘public notice’.
We take a look at the UCC, the Bharatiya Janata Party (BJP) government’s stand on it and why it is so contentious.
What is the Uniform Civil Code?
The Uniform Civil Code means one law for the entire country, applicable to all religious communities in personal matters such as marriage, divorce, inheritance, succession, custody and adoption.
As of now, in India, Hindus have their own laws on marriage. Muslims, Catholics and Parsis are also governed by their own separate laws.
If the UCC is introduced existing laws like the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Muslim Personal Law Application Act (1937), will technically be dissolved.
The UCC comes under Article 44 of the Constitution — one of the Directive Principles of State Policy — which lays down that the State shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. Simply put, this means that the vision of the Uniform Civil Code is enshrined in the Indian Constitution as a goal towards which the nation should strive, but it isn’t a fundamental right or a Constitutional guarantee.
While formulating the Constitution, Dr BR Ambedkar had said that a UCC is desirable but for the moment it should remain voluntary.
What are the origins of the Uniform Civil Code?
The UCC can be traced to colonial India. The British government submitted a report in 1835 calling for uniformity in Indian laws, relating to crime, shreds of evidence and contracts.
The second Law Commission had, however, warned then, ‘’No attempt should be made to codify the personal laws of the Hindus and Mohammedans — because any such attempt might tend to obstruct rather than promote the gradual process of improvement in the state of population.”
How did the UCC demand come up post Independence?
In 1985, the demand for UCC came into the spotlight after a judgment was pronounced in the Shah Bano Case. Shah Bano had moved Supreme Court seeking maintenance after her husband divorced her after 40 years of marriage by giving triple talaq and denied her regular maintenance.
The top court had noted then, “It is a matter of regret that Article 44 has remained a dead letter… Common civil code will help the cause of national integration by removing desperate loyalties to laws, which have conflicting ideologies. No community is likely to bell the cat by making gratuitous concessions on this issue. It is for the State, which is charged with the duty of securing a uniform civil code and it has legislative competence to do so.”
The BJP has been an advocate of UCC and has included it in its manifesto since 1998, emphasising the need for national integration and gender justice. Several BJP-ruled states have promised the implementation of common law.
We reiterate our stand to draft a Uniform Civil Code. #BJPSankalpPatr2019
— BJP (@BJP4India) April 8, 2019
Download Bharatiya Janata Party Sankalp Patra, Lok Sabha 2019 at https://t.co/WNrZOKc9BW pic.twitter.com/9zOC1DJCZ0
Which states have a UCC or have promised one?
Goa follows the Portuguese Civil Code, 1867. It was extended to overseas provinces of Portugal on July 1 1870, bringing Goa and Daman and Diu came under its ambit. However, several provisions of the original civil code have since been repealed.
However, it is not strictly a UCC since it has specific provisions for certain communities.
For example, Hindu men have the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits bigamy.
The Portuguese Civil Code gives an idea of what the UCC could look like. Former Chief Justice of India Justice Sharad Arvind Bobde had said in March 2021, “Goa has what Constitutional framers envisaged for India - a Uniform Civil Code. And I have had the great privilege of administering justice under that Code. It applies in marriage and succession, governing all Goans irrespective of religious affiliation.”
BJP leaders have been making a promise to introduce the UCC. As Karnataka went to polls, the saffron party which was then in power in the state pledged to bring in the come in the state. However, it lost the Assembly election last month.
Gujarat also promised to introduce the Code ahead of the state Assembly elections in December 2022. Last October, state home minister Harsh Sanghavi announced the creation of a committee to implement UCC.
Also read: Uniform Civil Code: Why states can’t legislate on this subject and why Goa example doesn’t hold groundBJP leaders in Uttarakhand , Uttar Pradesh, Himachal Pradesh, Maharashtra, Haryana, Assam and Madhya Pradesh have vowed to bring in UCC.
Why is the UCC divisive?
The argument against UCC is that it violates the freedom to practice a religion of a choice that allows different communities to follow their personal laws.
Some constitutional experts believe that with a UCC, the right to religion could be eroded and minority communities could feel threatened as the culture in India would be homogenised.
But those backing the UCC say it would provide equal status to all citizens irrespective of the community they belong to. They opine that a UCC could lead to consistency and gender equality when it comes to personal laws, and usher in some much-needed reforms.
With inputs from agencies
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