Answer

The Uniform Civil Code (UCC), enshrined under Article 44 under Part 4 of DPSP states “that the government should try to establish a uniform civil code (UCC) for all citizens in the country”, which  seeks to replace personal laws with a common civil code for all citizens. Recently, Uttarakhand became the first state to implement UCC, reigniting debates about its feasibility in India’s diverse and pluralistic society.

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Dr. B.R. Ambedkar Ambedkar’s Support for UCC with a Gradual and Voluntary Approach

• Commitment to Gender Equality: Ambedkar supported UCC to address gender discrimination legitimised by personal laws, promoting social reform and women’s rights through progressive legislation.
  For example: He argued UCC would eliminate practices like polygamy and unequal inheritance rights.
• Focus on Consent-Based Application: He proposed voluntary adoption of UCC, enabling individuals to opt-in, avoiding enforcement without community approval to foster trust in pluralistic societies.
  For example: Ambedkar suggested a declaration mechanism for those willing to follow UCC initially.
• Unity Through Law: Advocating UCC, he emphasized moving beyond religious and regional divides to build a unified nation with common civil laws for social harmony.
  For example: He highlighted the coexistence of unified laws in areas like criminal justice and inheritance practices.
• Evolution Over Imposition: Ambedkar believed that UCC implementation must be gradual, driven by consensus, to accommodate India’s heterogeneous religious practices and societal complexities.
  For example: He stressed avoiding coercion, recommending phased application starting with voluntary adoption.
• Modernising Personal Laws: He denied claims of immutable religious laws, asserting UCC would allow for adaptation to changing socio-legal frameworks while respecting cultural sentiments.
  For example: He cited regional differences in Muslim personal laws to support the need for reform.

Contemporary Challenges in Implementing UCC in India

• Religious Sensitivities: Fear of erosion of identity among minorities due to perceived imposition of majority norms leads to opposition against uniform laws.
  For example: Resistance from communities arose during recent attempts to legislate UCC in Uttarakhand and Gujarat.
• Cultural and Regional Diversity: India’s vast diverse traditions complicate uniformity, with personal laws varying significantly even within religious communities.
  For example: Hindu laws differ in inheritance practices between north and south India.
• Political Polarization: UCC debates are often politicized, undermining genuine discourse on its merit as a social reform tool and fostering communal tensions.
  For example: Election manifestos frequently highlight UCC to consolidate vote banks.
• Legal Integration Challenges: Harmonizing laws across marriage, inheritance, and succession without disrupting existing jurisprudence remains a daunting task.
  For example: Differences between Hindu Succession Act and Muslim Personal Law highlight practical issues.
• Gender Justice vs. Autonomy: Balancing gender rights with respecting community autonomy creates ethical dilemmas, especially where traditional practices conflict with equality principles.
  For example: The Triple Talaq verdict showed this tension between reform and religious freedom.

Relevance of Ambedkar’s Gradual and Voluntary Approach to Contemporary Challenges

• Consensus Building: A phased approach allows dialogues across communities, mitigating fears of coercion while addressing the complexities of personal laws.
  For example: Recent UCC debates in Uttarakhand involved public consultations to build confidence.
• Voluntary Adoption: Voluntary adherence initially respects community autonomy while showcasing the practical benefits of UCC to gain broader acceptance.
  For example: Goa’s existing voluntary civil code serves as a model for gradual implementation.
• Balancing Diversity and Reform: A non-coercive method respects India’s cultural plurality while promoting incremental reform to address gender injustice.
  For example: Kerala’s reforms on property rights showcased gradual modernization within community laws.
• Reduction in Political Controversy: Gradual implementation can depoliticize UCC by framing it as a progressive social reform rather than a communal agenda.
  For example: Ambedkar’s voluntary approach contrasts sharply with the politicized narrative surrounding recent UCC debates.
• Enhanced Trust Among Communities: Ambedkar’s emphasis on statesmanship and sympathy ensures stakeholder confidence, addressing fears of erasure of identities.
  For example: His assurance in the Constituent Assembly still resonates in ongoing discussions on religious freedom and reform.

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For a diverse nation like India, the UCC’s implementation must be inclusive and participatory, aligning with Ambedkar’s emphasis on community consent and gradual transition. By building broad-based societal consensus, UCC can uphold gender justice, national integration, and constitutional values, promoting harmony amidst diversity.

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