Context:

Recently, the Law Commission solicited views on Uniform Civil Code (UCC) from the public.

Origin of Uniform Civil Code:

• The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.

About Uniform Civil Code:

• A Uniform Civil Code essentially means a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens of the country, irrespective of religion. 
• Article 44 of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
• Currently, different laws regulate these aspects for adherents of different religions and a Uniform Civil Code is meant to do away with these inconsistent personal laws.
• Goa is the only state in the country that has a UCC. But the Goa Civil Code was given by the Portuguese in 1867.

Does India not already have a uniform code in civil matters?

• Indian laws do follow a uniform code in most civil matters – Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act etc. 
• States, however, have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws. 
  • For Example: Recently, several states refused to be governed by the Uniform Motor Vehicles Act, 2019.
• If the framers of the Constitution had intended to have a Uniform Civil Code, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List. 
  • But “personal laws” are mentioned in the Concurrent List. 

Arguments in Favor of UCC:

• Promotes Integration: The Centre believes the personal laws based on religion are an “affront to the nation’s unity” but adds that the UCC will ensure the integration of India by bringing different communities on a common platform. 
• Equality and Justice: The UCC ensures that all citizens, regardless of their religious or cultural background, are treated equally and have equal rights and opportunities. 
• Secularism: Implementing a UCC reinforces the secular character of the state by separating personal laws from religious practices. 
• Gender Equality: Many personal laws in various religious communities have provisions that discriminate against women in areas such as marriage, divorce, inheritance, and maintenance. A UCC would help address these inequalities.

Arguments Against UCC:

• Violates Fundamental Rights: It violates the constitutional freedom to practice the religion of choice which allows religious communities to follow their respective personal laws. 
  • For example, Article 25 gives every religious group the right to manage its own affairs. Article 29 gives them the right to conserve their distinct culture.
• Challenge in Implementation: It is also argued that if codified civil laws and criminal laws like the CrPC and IPC don’t follow  ‘one nation, one law’, then how can this diktat be applied to diverse personal laws of various communities.
  •  For example, the Indian Evidence Act of 1872, a federal act, was amended by the governments of West Bengal and Tamil Nadu
• Cultural Diversity: India is a diverse country with multiple religions, cultures, and traditions. Opponents of the UCC contend that imposing a uniform code might undermine the rich cultural diversity.
• Potential Backlash: Introducing a UCC without proper dialogue and consensus-building among different religious communities could lead to social and political tensions.

Views of Supreme Court about the UCC:

• Mohd. Ahmed Khan vs Shah Bano Begum judgment: In it  ‘Mohd. Ahmed Khan vs Shah Bano Begum’ judgment of 1985, where a divorced Muslim woman demanded maintenance from her former husband, the apex court while deciding whether to give prevalence to the CrPc or the Muslim personal law, called for the implementation of the UCC.
• The Supreme Court also called on the government to implement the UCC in the 1995 Sarla Mudgal judgment as well as in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).

Views of the Law Commission:

• The 21st Commission had released a consultation paper in 2018 that categorically said a uniform civil code was “neither necessary nor desirable” at this stage.
• Recommendations:
  • Discriminatory practices, prejudices and stereotypes within a particular religion and its personal laws should be studied and amended. 
  • Certain measures in marriage and divorce that should be uniformly accepted in the personal laws of all religions. 
  • It also called for the abolition of the Hindu Undivided Family (HUF) as a tax-exempt entity.

Way Forward:

• Collaborative Approach: The government and society will have to work hard to build trust, but more importantly, make common cause with social reformers rather than religious conservatives.
• Brick by Brick Approach: Rather than an omnibus approach, the government could bring separate aspects such as marriage, adoption, succession and maintenance into a uniform civil code in stages. 
• Gender-Sensitive Approach: The government would also do well to complement the overdue move towards a uniform civil code with a comprehensive review of several other laws in the context of gender justice.
• Pan-India Approach: Bringing Jammu and Kashmir into the country’s mainstream of family laws is an exercise that needs to be undertaken also for Goa, Daman and Diu, Puducherry, Nagaland and Mizoram.

News Source: The Hindu

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