The debate over a Uniform Civil Code (UCC) has ignited a flurry of opinions and emotions in recent times. Our great Indian tapestry weaves its diverse cultures, traditions and religions together. This has brought about distinct sets of personal laws by each community governing marriage, adoption, inheritance, divorce, maintenance and succession of property. The UCC, often seen as the holy grail of legal unification, aims to replace these personal laws with a singular, all-encompassing code applicable to all Indian citizens, irrespective of their religious background, ethnicity, etc. It simply signifies that every Indian citizen from any section of the society shall be treated equally in accordance with a common set of laws. However, beneath this lofty aspiration lies a complex tangle of challenges and opportunities.
Sneak Peek into the UCC
For the uninitiated, the discussion over UCC is not a matter of 2023. It has its genesis in the colonial era.
Advocating the Cause
1. To begin with, the Supreme Court in 2019 asked the state to put in their best efforts for introducing national uniform codification.
2. Even our honourable Prime Minister went vocal about the significance of Uniform Civil Code in Bhopal, stating that a nation like India “could not run on two laws”, although many, including the All India Majlis-e-Ittehadul Muslimeen chief, opposed this remark considering it an intent to strip the country of its diversity and pluralism.
UCC, in reality, is a political agenda with strong potential to reinforce secular principles in India. It eliminates the colonial strategy of divisive politics and promotes gender equality, which has become a significant point of discussion these days. For instance, this codification shall bring the curtains down on discriminatory practices like polygamy, inheritance restrictions for women, unequal property rights based on gender, and disinheritance of daughters. Its agenda includes providing more rights to women, regardless of their religion.
Navigating the Hurdles of UCC
The major bone of contention for this one-size-fits-all framework is India’s massive diversity in culture and traditions.
Present Scenario of Personal Laws
Christian Law: To obtain a divorce from husband, a woman has to prove adultery and cruelty against him.
Hindu Law: Obtaining a divorce requires the wife to provide evidence of both cruelty and desertion in addition to proving adultery. On the contrary, a husband can ask for divorce easily for adultery. In case of desertion, the period of separation must be 2 years before seeking divorce.
Muslim Law: Divorce for adultery is permissible only if a woman can establish her husband’s involvement in relations with morally questionable women or leading a disreputable lifestyle.
Anand Marriage Act: Adoption and divorce are not permissible for the Sikhs. The Hindu Marriage Act extends its coverage to individuals seeking divorce and even marriage registrations. Steering through the rough waters, the need of the hour is to adopt a forward-looking and progressive perspective by the people. Initiatives aimed at raising awareness, providing education and fostering sensitisation must be undertaken to effectively facilitate dialogue and encourage people to open up and grasp the essence of UCC.
The national code of conduct should embrace the finest aspects of diverse Indian traditions, culminating in a streamlined and easily manageable code that upholds transparency and simplicity in its administration. Of late, the Law Commission of India sought feedback from the public on the Unified Civil Code and received close to 80 lakh responses so far.
Beyond being a matter of emotional significance, this envisioned codification stands as a symbol of empowerment, dignity and equality for every individual, transcending the limitations that many personal laws have struggled to surmount. However, its strategic enforcement would require considerable efforts from judicial, administrative and legislative bodies along with communities themselves.
Alternatively, the major transformation can be incorporated gradually with an incremental approach. Involvement of all stakeholders, including political spearheads, religious leaders, constitutional experts and academia, is vital to navigate the intricate path towards a successful implementation of the UCC. This collaboration involves diverse perspectives, addressing various concerns, thereby, resulting in a more inclusive and well-rounded outcome. All things considered, gender-based discrimination should be non-existent immediately. Both men and women should have equal opportunities in all spheres, whether achieved through a Uniform Civil Code or the amendment of personal laws to align with contemporary societal norms.
Dr Ripon Bhattacharjee is Associate Professor, Department of Law, University of Engineering and Management, Kolkata. Niladri Mondal and Victor Nayak are Assistant Professors at the Department of Law, University of Engineering and Management, Kolkata.
