The Urgent Need for a Uniform Civil Code in India
Context:
India, known for its diverse cultural fabric, is home to a multitude of religions, each governed by its distinct personal laws concerning marriage, divorce, adoption, inheritance, and succession. However, the absence of a Uniform Civil Code (UCC) has perpetuated inequalities and inconsistencies within this diverse nation, hindering social harmony, economic progress, and gender justice. Prime Minister Narendra Modi’s recent call for the enactment of a UCC highlights the anomaly of having varying laws for different categories of citizens.
Relevance:
GS-02 (Government Policies and Interventions)
Prelims:
- Uniform Civil Code
- Article 44
- DPSP
Uniform Civil Code (UCC):
- Introduction: The UCC aims to establish a single set of laws applicable to all religious communities in India covering crucial aspects such as marriage, divorce, inheritance, and adoption.
- Historical Background:
- Colonial India: The idea of UCC emerged during British rule in India. In 1835, the British government emphasized the need for uniformity in Indian law, excluding personal laws of Hindus and Muslims.
- B N Rau Committee: As legislation addressing personal issues increased toward the end of British rule, the government established the B N Rau Committee in 1941. The committee’s goal was to codify Hindu law, resulting in the recommendation of a civil code for marriage and succession.
- Constitutional Provisions:
- Article 44: Article 44 of the Indian Constitution states that the State should endeavor to provide a uniform civil code throughout the country.
- Article 37: While Article 37 does not contain the phrase “by suitable legislation,” it emphasizes the State’s responsibility to strive for a uniform civil code.
- Inclusion in Directive Principles: The UCC is included in the Directive Principles of State Policy rather than the Fundamental Rights as influenced by the opposition of Muslim members in the Constituent Assembly and the lingering religious tensions following partition. B.R. Ambedkar supported the idea of a UCC but suggested it should remain voluntary for the time being.
Mains Questions:
- Discuss the historical significance of the UCC and its relevance in contemporary India.(150 words)
Dimensions of the Article:
- The Constitutional Mandate: Tracing the Origins of the UCC
- The Role of the Judiciary: Pertinent Observations and Limitations
- Essence of the UCC: Ensuring Fundamental Rights and Reducing Inequalities
The Constitutional Mandate: Tracing the Origins of the UCC
- The Constituent Assembly Debates: The inception of the UCC dates back to the Constituent Assembly debates, wherein the legal basis for its enactment can be found. Dr. B.R. Ambedkar, emphasized the necessity of a UCC in ensuring gender equality and eradicating prevalent social evils. Despite opposition from some assembly members, Ambedkar argued that personal laws should not be exempt from legislative jurisdiction, as the purpose of liberty is to reform a social system riddled with inequities and discrimination.
- Enlightened Perspectives: Eminent figures such as Alladi Krishnaswamy Ayyar and K.M. Munshi also advocated for a UCC in the Constituent Assembly with pressing needs for unification and secularization of personal laws. Their arguments revolved around achieving social amity, unifying the way of life across the country, and dissociating personal laws from religious considerations.
- Article 44: A Directive Principle: Due to the lack of consensus in the Constituent Assembly, the UCC found its place under Article 44 of the DPSP. This constitutional mandate demands the state to enact a UCC that applies to all citizens, transcending faiths, practices, and personal laws.
The Role of the Judiciary: Pertinent Observations and Limitations
- Supreme Court’s Stance: The Supreme Court has, on multiple occasions, highlighted the significance of a UCC for national integration and the exercise of religious freedom within the framework of fundamental rights. While, the Court has expressed its views on the matter, it however refrains from issuing direct directives to the government, with respect to the separation of powers and leaving lawmaking within the domain of Parliament.
Essence of the UCC: Ensuring Fundamental Rights and Reducing Inequalities
- Stepping in the Right Direction: The UCC represents a long-overdue step toward safeguarding the fundamental rights of all citizens and addressing social inequalities and gender discrimination with an attempt to create a unified legal framework that upholds the principles enshrined in the Constitution and reinforced by Supreme Court judgments.
- Empowering Women and Fostering Social Cohesion: A UCC, as envisioned by Babasaheb Ambedkar and other Constituent Assembly members, is essential for empowering women and promoting gender equality in matters of marriage, divorce, and inheritance. By eliminating discriminatory practices, it provides women with equal rights, opportunities, and protections. A unified legal framework is indispensable in a diverse society, fostering social cohesion and national integration.
Way Forward:
Unfounded apprehensions and opposition to the UCC need to be addressed through enlightened debate and constructive engagement as it is very important to not forget that the objective is to ensure gender equality, uphold fundamental rights for all citizens, and establish a uniform legal system in our country. The UCC serves as a powerful instrument for promoting equality and justice, and it should be embraced as a beacon of hope for a country so richly diverse in its own way.
Conclusion:
It is imperative that fellow citizens, leaders of religious groups, and political parties transcend their differences and support the implementation of a UCC. By making the UCC an instrument of social reform, aligned with principles of justice and equity enshrined in the Constitution, we can establish a progressive legal framework that safeguards against discrimination and guarantees equal human rights.
