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Law Commission seeks views on Uniform Civil Code

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Why in news?

  • The 22nd Law Commission of India sought the views of religious organisations and the public on the issue of a Uniform Civil Code (UCC).
    • The Law Commission of India is a non-statutory body constituted by the Union government.
    • The 22nd Law Commission is chaired by former Karnataka High Court Chief Justice Ritu Raj Awasthi.
  • Earlier, in October 2022, Centre told the Supreme Court that the Constitution obligated the State to have a UCC for its citizens.

What’s in today’s article?

  • Uniform Civil Code (UCC)

What is Uniform Civil Code?

  • About
    • A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc.
    • In other words, UCC is a set of rules/regulations, which proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
  • Current situation in India
    • Currently, Indian personal law is fairly complex, with each religion adhering to its own specific laws.
    • Separate laws/ customs govern Hindus, Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions.
    • Moreover, there is diversity even within communities. All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
    • For instance, in the Northeast, there are more than 200 tribes with their own varied customary laws.
    • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
    • The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption.
  • Constitutional position
    • Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India.
      • Article 44 is among the Directive Principles of State Policy.
      • Directive Principles are not enforceable by court, but are supposed to inform and guide governance.

Previous efforts of UCC

  • Shah Bano judgement
    • In 1986, the Supreme Court’s Shah Bano judgment for maintenance was considered as a first step towards UCC.
    • However, it was nullified by the Parliament by passing an amendment to maintain the status quo.
  • Incremental changes over the years
    • Incremental change has happened over the decades.
    • Hindu succession was reformed by Parliament in 2005, and Christian divorce rights were made gender equal in 2001.
    • The courts have steadily affirmed women’s rights of maintenance, adoption, etc. in various judgments, strengthening reform in minority communities.
  • Stand of the 21stLaw Commission on the matter
    • In 2018, 21st Law Commission underlined that the Uniform Civil Code is neither necessary nor desirable at this stage.
    • It argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just.
    • It further said that cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation.

Need for UCC

  • To promote national unity
    • Historically, one of the factors that have kept India back from advancing to nationhood has been the existence of personal laws based on religion.
    • These laws keep the nation divided into watertight compartments in many aspects of life.
    • A uniform law made applicable to all would promote national unity.
  • Different personal laws are put to subversive use
    • There have been instances of Hindus converting to Islam, as bigamy is permitted under Muslim personal laws in the country.
  • To promote gender justice
    • A uniform civil code is needed for gender justice. The rights of women are usually limited under religious law, be it Hindu or Muslim.
  • Not in the domain of religious activities
    • Matters such as inheritance, marriage, divorce etc. do not have to do anything with the religious activities.
    • Hence, any regulation on these aspects would not amount to the infringement on religious freedom extended by Article 25.
  • Vision of constitution makers
    • The Constitution makers had a vision to enact UCC in future to have a same set of civil laws governing all irrespective of religion.
    • Enactment of UCC is needed in order to fulfil this dream.

Arguments against UCC

  • Diversity cannot be compromised for uniformity
    • Imposition of UCC would amount to overlooking of the diversity of Indian cultures, customs, ethnicity, languages, religious ideologies etc.
    • From north to south and from east to west, each state in India has a different culture and a different outlook towards life.
  • Violation of fundamental rights
    • Principles of marriage, talaq and polygamy are interwoven with religious and cultural rights of Muslims.
    • State intervention would be the violation of fundamental right (Article 25, 26, 29).
  • Constitution recognises the customary laws and procedures prevailing in NE states
    • In North Eastern States, the constitution through VI schedule recognizes the customary laws and procedures prevailing in their society.
    • Hence, there will be practical difficulties in the formulation as well as implementation of UCC.
  • Detrimental to communal harmony of India
    • Perception of UCC as encroachment on religious freedom is gaining momentum.
    • In this context, many believe that UCC will be detrimental to communal harmony of India.

Conclusion

  • Religious traditions often respond to top-down reforms by growing more conservative and hence resist reforms.
    • Universal Civil Code after Shah Bano case became the ground for communal politics, forcing the then government to nullify the verdict.
  • Hence, we need to follow a bottom-up approach. The demand for UCC must come from the people.
  • It can only emerge through an evolutionary process, which preserves India’s rich legal heritage, of which all the personal laws are equal constituents.
  • For this, a debate around the issue can be started among the communities. However, these debates must be started with utmost caution so as not to polarize the country