A Uniform Civil Code (UCC) means that all citizens shall be governed by a common law, irrespective of their religious background. This includes personal laws that apply to marriage, divorce, inheritance, succession of property, maintenance and adoption. In India, the debate over a UCC for all citizens of India has been a contentious issue since the colonial era, and has remained so despite independence and the creation of the modern Indian state.
Every few years, the subject is brought to the fore and debated hotly by proponents and opponents before retreating to simmer in the background of public discourse.
In June 2023, public debate was reignited when the 22nd Law Commission of India solicited public opinion and comments from selected religious organisations on the subject of the UCC. Then, on 27 June Prime Minister Narendra Modi made a strong public pitch for the UCC for all citizens, garnering strong reactions from several opposition parties and religious groups.
What is the status of the UCC in India today?
Currently, India has separate personal laws for different religions. For example, the Hindu Marriage Act, 1955, the Christian Marriage Act 1872, the Parsi Marriage and Divorce Act 1936. Succession laws like the Hindu Succession Act state that the husband’s family are primary heirs of the deceased wife and the wife’s family are secondary heirs.
Matters of marriage and divorce of Muslims are governed by the Islamic (Shariah) law, according to which Muslims can get married once they turn 15 and Muslim men can have up to four wives. The Hindu Marriage Act allows for only one man-one woman union, but it also states that customary practices override its provisions, thereby providing exemptions to certain Scheduled Tribes which follow polygamy.
In a nutshell, Indian citizens are governed by separate personal laws based on their religious identity as long as these laws do not interfere with fundamental rights enshrined in the constitution.
One of the main contentions of the proponents of the UCC is that it was envisaged in the constitution. Article 44 of the Directive Principles of State Policy (DPSP) states that the State shall endeavour to provide its citizens a Uniform Civil Code throughout the Indian territory. However, these are not justiciable, but merely guidelines to govern. Article 37 of the constitution itself states that the DPSP is not enforceable by any court, although it is fundamental in the governance of the country.
What is the argument in favour?
Proponents of the UCC argue that it can help create a sense of common identity among citizens, irrespective of religion, tribe or caste. They believe it will help in reduce vote bank politics – through which political parties seek to gain and maintain the support of a particularly community by promising them special privileges – and enable the country to move forward towards becoming a more developed nation.
There is also an argument UCC would give more rights to women and ensure everyone is treated equally. Many personal laws interfere with or violate women’s rights, including those of inheritance, divorce and maintenance. For instance, according to Hindu laws, a daughter can inherit property only if she is unmarried. Once she is married, she loses claim to the inheritance. There are also many Muslim family laws that violate women’s rights. A Muslim woman can be married off as young as 15, a divorced Muslim woman can receive maintenance from her husband only for a period of three lunar months (iddat).
The triple talaq was one of the most controversial religious laws, under which a Muslim man could divorce his wife at will, simply by saying the word ‘talaq’ three times. In 2017, the Supreme Court outlawed this practice and the decision was hailed by Muslim women’s rights activists across the country. However, years later, many women feel that their lives have become even more difficult as their husbands have left them alone and married other women, and they cannot even claim maintenance as they are still married under law.
What are the challenges?
The opponents of UCC argue that it is an extremely complex and sensitive issue and would be an extremely tedious task to formulate a common code that takes into account all of the interests of all religious parties. They also challenge the argument that it would increase rights for women as regressive practices among Hindu women are no lesser than that among Muslim women. Despite reforming Hindu inheritance laws in favour of women, there has been no change in the percentage of property held by women.
They also claim that practices like polygamy, if banned by law, could affect women adversely. There are many questions to be asked. How would the state actually implement it? Would Muslim men with many wives be told to send away other wives? What would happen to children of other wives, what would their inheritance be? According to the UCC, the second wife would be illegal so their children would be illegitimate.
In addition, many tribal communities in India practice polygamy. It is a practice followed for centuries and its outlawing would not be welcomed overnight.
What happens next?
Transformation will not come with the passing of a law alone. What the country needs is education, awareness and empowerment. Moreover, with the diversity and plurality of a country like India, it is nearly impossible, at least at the moment, to implement a Uniform Civil Code that would please all communities.
India is already in a polarised and the environment between religious communities is already tense. A sensitive topic like the UCC is only likely to foster further division.
So while a Uniform Civil Code is definitely desirable and would certainly ease governance of this vast nation, the state and courts need to be careful about the timing. Rather than making it a political issue to appease the majority or minority communities, the technicalities must be studied carefully and spelt out clearly, with the sole intention of benefitting all citizens. Considering the highly sensitive nature of the issue, it would be better if the discussion is initiated by religious groups themselves, rather than thrusting it upon them.
By CSW’s India Desk
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