Friends in today’s blog I am writing about the topic which is now a days in the news and there have been many discussions on this. I am referring about the Uniform Civil Code (UCC).
Now let us see what constitution means by UCC- It is the common set of governing rules for all citizens of India which refers to replace the personal laws (based on religious scriptures and customs). These laws are famous public laws which cover marriage, divorce, inheritance, adoption and maintenance. In fact Goa is the only state in the country which has a common family law and 1954 Special Marriage Act allows citizen to marry outside the realm of any special religious personal law.
Now where from the past UCC originated- The British Government in 1840 on the basis of Lex Loci report had framed Uniform laws for crimes, evidences and contract but personal laws of Hindus and Muslims are left by them somewhere intentionally. On the other hand British India Judiciary provided for application of Hindu, Muslim and English law by British Judges. Also, in those days reformers were raising voice to frame laws related to women against the discrimination done by them basically under religious customs like Sati etc.
In the constituent assembly which was formed for drafting the constitution of India, there were both types of members. One set of members were advocating for the UCC, and the other side were opposing it. The members who were opposing it were mainly Muslims and members from the other minority communities. In the end no consensus was reached, and one line was added “ The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the country”. As this clause was incorporated under Directive Principles of State Policy (DPSP), they are neither enforceable in the court nor any political discrepancy been able to go beyond it because minorities mainly Muslims felt that their personal laws are violated by it. Afterwards series of bills were passed to codify Hindu laws in the form of Hindu marriage act, 1955, The Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956 and Hindu Adoption & Maintenance Act 1956 are collectively know as Hindu Code Bill I it also covers Buddhist, Sikhs, Jains as well as different religious denominations of Hindus).
Also mere three words regarding UCC not only affect our nation but are also enough to divide the nation in to two categories due to which to take decision on it becomes a little difficult. These three words are politically, socially and religiously. Politically, the nation is divided as BJP propagates the implementation of Uniform Civil Code (UCC) and the non BJP like Congress, Smajwadi Party who don’t want to implement UCC. Socially, the literate persons of the country who have analysed the pros and cons of UCC & on the other hand illiterate who have no idea about it and being in hands of political pressure they will take decision. And religiously, there is a gap between the Hindus that are in majority and Muslims minority community.
Supreme Court (SC) in 1985 in their Verdict of Shah Bano Case, first time directed the Parliament to frame UCC.
Rajiv Gandhi Government was not satisfied from the court decision; instead of supporting it the government enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986 to nullify the SC judgement in Shah Bano Case and let the Muslim Personal Law prevails in divorce matter. In this act it was mentioned that Muslim woman has right for maintenance only for three months after the divorce i.e. iddat period and then shifted her maintenance to her relatives or Wakf Board.
In 2014, once again asked the Union Govt to form UCC to remove gender inequality and abolish the retrograde practices followed under the framework of personal laws. This was after the passing the verdict of Juvenile Justice (care and Protection of Children)Act. As, it paved the way for an adoption of child from Muslim community even though not allowed under their personal laws.
There are many more cases which came to courts from different minority communities which enforces the that UCC should be in place. As, Common Civil Code would put in place a set of laws to govern personal matters of all citizens irrespective of religion is perhaps the need of the hour. In fact, it will strengthen the secularism. This reform would not only help end discrimination against women on religious grounds but also promote unity. There is a need to reform our social system, which is full of inequities, discriminations and other things which conflict with our Fundamental Rights. As we know that there is a Criminal Code which is applicable to all people irrespective of religion, caste, tribe and domicile in the country but there is no similar code related to divorce and succession which are governed by Personal laws.
Now it is necessary to understand about Article 25 with that of UCC- Article 25 states Freedom of conscience and free profession, practice and propagation of religion. So, the UCC cannot be forcefully imposed on the people as then it will be clearly violation of Article 25 if the Indian Constitution. Therefore, UCC and Personal laws should be co-existed. As, UCC is nothing but the incorporation of modern and progressive aspects for all existing personal laws which can’t be ignored.
In my personal view, the time has come to redefine the Article 25, for the country to have peaceful existence, UCC could be an ideal safeguard of citizen rights. The adoption of the UCC will be progressive legislation. With changing times there is need for common civil code for all citizens, irrespective of religion ensuring that their fundamental and Constitutional rights are well protected, which will lead to Nation First.
Friends how do you find this blog of mine.
Awaiting your views/feed backs/comments.
Anil Malik
Mumbai, India
25th Feb 2020.