Uniform Civil Code (UCC)

Context of the News

Prime Minister Narendra Modi’s Independence Day 2023 speech reignited debates on implementing a Uniform Civil Code (UCC) in India, emphasizing it as a tool for national integration and gender justice. Uttarakhand’s passage of a UCC law in February 2024 marked a milestone, while Goa remains the only state with a UCC inherited from the Portuguese Civil Code (1867). Critics argue the move risks polarizing India’s diverse communities, while proponents view it as fulfilling the constitutional mandate of Article 44 (Directive Principles).

What is the Uniform Civil Code?

• Definition: A proposal to replace religion-based personal laws (governing marriage, divorce, inheritance, adoption) with a common set of secular laws applicable to all citizens, irrespective of faith.
• Constitutional Basis:
  • Article 44: “The State shall endeavor to secure a UCC for citizens throughout the territory of India.”
  • Supreme Court Advocacy: Courts have repeatedly urged UCC implementation (e.g., Shah Bano Case, 1985; Sarla Mudgal Case, 1995) to ensure gender equality.

Key Developments

A. Goa’s Portuguese-Era UCC

• Features:
  • Equal inheritance rights for men and women.
  • Mandatory prenuptial agreements for property division.
  • Community property regime for married couples.
• Criticism: Retains colonial-era biases (e.g., bigamy banned for Hindus but allowed for Catholics under specific conditions).

B. Uttarakhand UCC (2024)

• Provisions:
  • Bans polygamy and halala (Islamic practice requiring a divorced woman to marry another man before remarrying her former spouse).
  • Sets uniform marriageable age (21 for men, 18 for women).
  • Mandates registration of live-in relationships.
  • Equal inheritance rights for sons and daughters across religions.
• Controversies:
  • Muslim groups oppose bans on religious practices like halala and iddat.
  • Tribal communities in Uttarakhand are exempted, raising questions about selective application.

Challenges in Implementing UCC

A. Religious Opposition

• Article 25 Concerns: Minority communities (especially Muslims) view UCC as an attack on religious freedom and cultural identity.
  • Example: Muslim Personal Law (Shariat) Act, 1937, allows practices like polygamy and unequal inheritance.
• Political Resistance: Parties like AIMIM, IUML, and sections of the Congress oppose UCC as majoritarian imposition.

B. Legal Complexity

• Overhauling Personal Laws:
  • Hindu Code Bills (1955–56): Govern marriage, inheritance, and adoption for Hindus, Buddhists, Sikhs, and Jains.
  • Muslim Personal Law: Based on Sharia, allowing polygamy and mehr (dower).
  • Christian Marriage Act, 1872: Differs in divorce grounds (e.g., adultery vs. cruelty).
• Federalism Issues: States like Tamil Nadu and Kerala argue UCC infringes on their legislative autonomy.

C. Sociocultural Diversity

• Tribal Exemptions: Uttarakhand’s UCC exempts Scheduled Tribes, acknowledging unique customs (e.g., Khasi matrilineal inheritance in Meghalaya).
• Regional Practices: Customs like Kerala’s Marumakkathayam (matrilineal system) clash with uniform laws.

Global Perspectives

• Secular Nations with UCC: Turkey, France, and Egypt enforce uniform civil laws.
• Mixed Systems: Indonesia (Sharia for Muslims, civil code for others); Israel (religious courts for personal laws).
• Lessons for India: Balancing uniformity with pluralism requires nuanced exemptions and phased implementation.

Way Forward: Balancing Unity and Diversity

1. Gradual Codification:
   • Merge overlapping areas (e.g., inheritance, adoption) while retaining non-controversial customs.
   • Example: Hindu Succession Act (2005) amended to grant daughters equal coparcenary rights.
2. Consensus-Building Mechanisms:
   • Law Commission Recommendations (2018): Suggested reforming discriminatory practices in personal laws rather than imposing uniformity.
   • Interfaith Dialogue: Engage clerics, women’s groups, and legal experts to draft inclusive laws.
3. Gender Justice Focus:
   • Address disparities like Muslim women’s lack of maintenance rights post-divorce (triple talaq was criminalized in 2019).
   • Ensure equal property rights for women across communities.
4. Phased Implementation:
   • Pilot UCC in union territories or BJP-ruled states before nationwide rollout.
   • Exempt tribal areas initially to avoid backlash.
5. Public Awareness:
   • Educate citizens on UCC’s benefits (e.g., simplified legal processes, reduced litigation).

Conclusion

The UCC debate encapsulates India’s struggle to reconcile constitutional secularism with socio-religious pluralism. While Uttarakhand’s law sets a precedent, its success hinges on addressing grievances of marginalized groups and ensuring gender equity. A pragmatic approach—prioritizing reform over uniformity, dialogue over imposition—can help India move closer to the constitutional ideal of “justice for all” without fracturing its diverse social fabric. The path forward must balance legal uniformity with cultural respect, ensuring the UCC becomes a tool for unity, not division.