Uniform Civil Code UCC

In Context

• Uttarakhand has recently formed an expert committee for the effective implementation of the Uniform Civil Code in the state.
  • The committee will check all the relevant laws which control personal matters for people living in Uttarakhand and prepare a report on amendments to the present laws.

About Uniform Civil Code(UCC)

• What is UCC? 
  • The UCC refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens, irrespective of religion.
• Constitutional provisions suggesting UCC: 
  • Article 44: 

This Article of the Constitution makes a reference to a UCC and says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” 

This is in the chapter dealing with the Directive Principles of State Policy and is therefore presumed to be advisory in nature.

• Article 37: 

States that the vision of a Uniform Civil Code (along with other directive principles) 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. 

One can’t approach the court to demand a UCC. But that doesn’t mean courts can’t opine on the matter.

Arguments For UCC

• Uniformity and reduced discord:
  • Common Code would enable uniform civil principles to be applied to the entire Nation.
  • If and when the whole population will start following the same laws, chances are there that it would bring more peace to the living and reduce riots. 
• Secularism and Women’s Rights: 
  • UCC would help end gender discrimination and overall discrimination on religious grounds and strengthen the secular fabric of the nation.
  • Therefore UCC could bring all communities together to ensure Women the Right to a dignified life and control over their life as well as body.
• Ending unjust customs and traditions: 
  • A rational common and unified personal law will help eradicate many evil, unjust and irrational customs and traditions prevalent across the communities. 
  • For example, Law against Manual scavenging. It might have been a custom in the past but in a mature democracy like India, this custom cannot be justified.
• Ease of Administration: 
  • UCC would make it easy to administer the huge population base of India.
• Historically, not all Muslim communities were demanding separate laws: 
  • Few the Muslim communities like the Khojas and Cutchi Memons did not want to submit to separate Muslim Personal Law.
• Global Scenario:
  • The personal laws of minorities were not recognised in any of the advanced Muslim countries. 
  • Eg., in Turkey and Egypt, no minority in these countries were permitted to have their own personal laws.
  • Many countries have common civil codes.

Arguments Against UCC

• Hampering diversity and multiculturalism:
  • Indian society has a unique identity in the form of its being diverse and multicultural, and unified law might do away with these unique characteristics of this nation.
• Violation of fundamental rights: 
  • Religious bodies oppose a uniform civil code on the ground that it would be interference in religious affairs which would violate fundamental rights guaranteed under Article 25 of the constitution.
• May lead to communal unrest: 
  • It would be a tyranny to the minority and when implemented could bring a lot of unrest in the country.
• The All India Muslim Personal Law Board stated that the laws pertaining to marriage and inheritance were part of religious injunctions for ages.

Way Forward

• The guiding principles of the Constitution itself visualize diversity and have tried to promote uniformity among peoples of different denominations. 
• Gradual changes:
  • A uniform law, although highly desirable but may be counterproductive to the unity and integrity of the nation especially if applied hastily.
  • In a democracy and rule of law, a gradual progressive change and order must be brought about. 
• What can be brought under uniform code? 
  • Only those elements of customs and traditions should be brought into a unified law that causes injustice to individuals. 
  • There are some good and equitable provisions in personal laws, which are worth incorporating into the unified law. 
  • Good customs and traditions should be protected to preserve the indigenous culture associated with them. It will help India protect its strength i.e. unity in diversity.
• Codification of all personal laws as suggested by the Law Commission.
  • By codification of different personal laws, one can arrive at certain universal principles that prioritize equity rather than the imposition of a Uniform Civil Code.
• To resolve the contentious issues like UCC, common consensus of all the stakeholders is needed.

Source: TH