PM Recalls 1948 Debate on Uniform Civil Code

Syllabus: GS2/Polity and Governance

Context

• Prime Minister Narendra Modi renewed his pitch for a nationwide Uniform Civil Code (UCC), recalling the views of Dr BR Ambedkar and KM Munshi on the matter.

Uniform Civil Code

• Definition: It is conceptualised as a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of their religion. 
• Aim: To replace the existing diverse personal laws that vary based on religious affiliations.
• Article 44: The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

Background of Article 44

• Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy as Article 44. 
• It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.

Arguments in Favor of UCC

• Equality Before Law: UCC would ensure that all citizens, regardless of religion, are subject to the same laws, promoting equality and justice.
• National Integration: A uniform set of laws help promote national unity by eliminating religious and cultural divisions.
• Gender Justice: Personal laws often have provisions that disadvantage women, especially in matters of marriage, divorce, and inheritance, a uniform code will eliminate discriminatory practices.
• Secularism: India is a secular state, and a Uniform Civil Code would uphold the principle of secularism by ensuring that religion does not influence legal matters.
• Modernization: A UCC would reflect contemporary values and ensure that laws are in line with modern concepts of human rights, equality, and justice.
• Efficiency and Clarity: It would simplify the legal system and promote a more streamlined judicial process.

Arguments Against UCC

• Cultural and Religious Diversity: Imposing a UCC may be seen as an infringement on the personal laws and practices of various communities, threatening their cultural identity and freedom of religion.
• Violation of Religious Freedom: A UCC could be perceived as interfering with the right to follow one’s religion, violating the freedom of religion guaranteed by the Indian Constitution.
• Lack of Consensus: Diverse beliefs and practices make it difficult to create a single code that is acceptable to all, potentially leading to social unrest.
• Political and Social Sensitivities: The UCC is a politically charged issue and has the potential to polarize communities.
• Gradual Reform: Critics argue that reforming personal laws gradually, with community consensus, would be more effective than imposing a uniform code.
• Potential for Discrimination: Some fear it could lead to the imposition of a “majority” or “mainstream” culture, marginalizing minority communities.

Recommendations of Various Commitees 

• B.N. Rau Committee (1947): The committee, formed to draft the Constitution of India, recommended a uniform civil code but deferred its implementation, stating that it should be introduced only after the country has achieved unity and consensus.
• Sachar Committee (1986): It emphasized the importance of a UCC, arguing that it would promote equality and social justice. However, it did not press for an immediate implementation, citing the need for social readiness.
• Law Commission Reports (1986, 2018):
  • 1986 Report: The implementation of a UCC should be approached cautiously and progressively, given the religious diversity in India. It highlighted the need for reforms within personal laws before moving toward a uniform code.
  • 2018 Report: The UCC be implemented only when there is greater social consensus. It suggested reforming existing personal laws to align them with modern values and human rights instead of rushing into a UCC.

Supreme Court’s Important Judgments Relating to Personal Laws

• Shah Bano Case (1985): The Supreme Court ruled that Muslim women have the right to seek alimony from their husbands under Section 125 of the Criminal Procedure Code, irrespective of their personal law.
  • The judgment highlighted the need for gender equality, although it was criticized for indirectly pushing for a UCC. 
• Sarala Mudgal Case (1995): The Supreme Court urged the government to consider enacting a UCC to remove legal discrepancies and bring uniformity in marriage and divorce laws. 
• Triple Talaq Judgment (2017): The Supreme Court struck down the practice of triple talaq (instant divorce) among Muslims, declaring it unconstitutional. This judgment was seen as a step toward reforming personal laws to ensure gender equality, a principle that would be aligned with a potential UCC.
• Indian Young Lawyers Association v. State of Kerala (2018) (Sabarimala Case): While the case did not directly address UCC, it touched upon the issue of gender equality in religious practices. The judgment emphasized that personal laws should not be used to discriminate based on gender, setting a precedent for reforming discriminatory practices within personal laws.

Way Ahead

• The implementation of UCC in India, involves a balanced approach, focusing on gradual reforms, inclusivity, and ensuring gender justice.
• This shall be done while taking into account the religious and cultural diversity of India.

Source: IE