UCC: Concept, concerns and essence

As the British Dominion of India matured into the Republic of India, The Constitution of India replaced the Government of India Act 35 to become India’s fundamental governing indenture. Apart from configuring the political code, structure, power and duties of the Government, The Constitution of India lays down the inherent, congenital and fundamental rights, duties […]

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UCC: Concept, concerns and essence

As the British Dominion of India matured into the Republic of India, The Constitution of India replaced the Government of India Act 35 to become India’s fundamental governing indenture. Apart from configuring the political code, structure, power and duties of the Government, The Constitution of India lays down the inherent, congenital and fundamental rights, duties and directive principles of the citizenry of India.

Our Constitution retained the predisposition and conformity of several inter-continental Constitutions – embracing the Parliamentary Governance, Privilege and Bicameralism from the United Kingdom, the Fundamental Rights and the Equal Protection Clause from the United States, the Directive Principles of State Policy from Ireland, the collective assembly in Joint Parliamentary Sessions and Concurrent List from Australia, the tripartite concept of liberté, égalité, fraternité (Liberty, Equality and Fraternity) from France, the Quasi-federal Governance model from Canada, the faculty of Justice (Social, Economic and Political) from the Soviet Union and the Amendment stratagem from South Africa.

The idiosyncratic facet of our Constitution is the attribute to impart constitutional supremacy over parliamentary supremacy, in a country as socio-political and inter-religio pluralist as India. Different castes, tribes, sects, faiths and religions follow and have habitually followed their inherited and orthodox personal laws in social landmarks of marriage, inheritance, divorce and adoption. But when any inter-community or intra-community disputation inflames social disagreement and the matter presents itself to the legal tribunal, the Judiciary is left bewildered in misunderstanding and misconstruction.

Thereby comes in the amalgamating and integrating concept of a Uniform Civil Code (UCC), a common law which transcends community-based religio-political affairs and their social, cultural and legal analysis, aiming to establish social harmony, gender equality and secularism in a fast-dissolving civic cohesion within the country.

The question now arises whether the UCC formula of the GoI is democratically feasible or not. The answer will be in the affirmative, for the Directive Principles of State Policies mentioned in Article 44 of the Indian Constitution confirms that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. Though a fully executed and implemented UCC is still far-off, the Government of India has traditionally persevered towards the concept, notably in the Special Marriage Act of 1954, The Hindu Code Bills, 1955-1956 and the Goa Civil Code.

The strongest argument in favour of the application of a unified code is the protection of women and women’s rights, to save her from discriminatory practices and customs, and to empower her socially. The dissenting factions contend that any such unified code is potentially infringing on religious autonomy.

The Government of India should treat the implementation and execution of the Unified Civil Code by mutual consensus, public awareness and education. The Code should not be seen as a “Majoritarianism Exercise” by a preponderant community raptatorially marginalizing the minority communities.

Dr Shadab Ahmed is an Oral & Maxillofacial Surgeon, and a translator of several books on Historical & Ethnic poetry.