Context:
The Prime Minister of India calls for a new ‘Secular’ Civil Code in his Independence Day speech.
More on the news
- India demands a “secular civil code” because laws based on religion that foster discrimination have no place in modern society.
- Uniform Civil Code (UCC) has sparked debates about its necessity in a diverse nation like India.
Secular Civil Code (SCC)
- It proposes a single set of civil laws for all citizens in India, and covers civil matters like marriage, divorce, inheritance, and adoption, ensuring equal legal rights for everyone
- Uniform Civil Code (UCC) refers to a common set of laws that will subsume customary laws across faiths and govern issues such as marriage, divorce, inheritance and maintenance.
- Uttarakhand was the first state to legally enact UCC in the state earlier this year, though the new code is yet to be fully implemented.
India’s UCC Implementation
- Goa follows the Portuguese Civil Code of 1867, applying uniform laws on marriage, divorce, and succession to all its residents, regardless of religion.
- The Goa Daman and Diu Administration Act of 1962 allowed the continuation of this Civil Code after Goa joined India in 1961.
- States like Gujarat, Madhya Pradesh, and Assam have shown interest in adopting the UCC. However, none of these states have officially implemented it yet.
Constituent Assembly Debates
- Article 44 of the Constitution mandates the state to “endeavor to secure a uniform civil code.”
- UCC was debated in the Constituent Assembly, with contrasting views on whether it should be a fundamental right or a directive principle.
- Naziruddin Ahmad argued against immediate implementation, citing India’s diversity and the need for gradual introduction with community consent.
- K.M. Munshi supported UCC for promoting national unity and gender equality, seeing it as aligned with the Constitution’s social reform goals.
- Dr. B.R. Ambedkar favored a voluntary UCC initially, emphasizing that it should not be imposed on citizens.
Arguments Favouring UCC
- Uniformity in Governance: A common set of laws would streamline governance, making it easier for the state to administer justice uniformly across all citizens.
- Secularism: Implementing a UCC is seen as reinforcing the secular fabric of India by treating all citizens equally, regardless of their religious affiliations.
- Women’s Rights: Personal laws in different religions often contain discriminatory provisions, especially against women. A UCC would provide a more egalitarian legal framework, ensuring equal rights for all genders.
- National Integration: A UCC would promote national unity by creating a common legal framework that transcends religious and community boundaries, fostering a sense of shared citizenship.
- Judicial Endorsement: The Supreme Court, in various judgments like the Shah Bano case (1985), has called for the implementation of a UCC, highlighting its importance for justice and equality.
- International Image: Implementing a UCC may enhance India’s global standing by demonstrating a commitment to principles of equality, secularism, and human rights.
Arguments Opposing UCC
- Cultural Diversity: India’s legal plurality reflects its diverse cultural and religious practices. A UCC could undermine this diversity by imposing a single legal framework on all communities.
- Implementation Challenges: India’s vast religious diversity makes the implementation of a UCC difficult, as it would require significant changes to deeply ingrained personal laws and practices.
- Minority Rights Concerns: Minority communities fear that a UCC could erode their cultural and religious identity by imposing a legal framework influenced by majority practices, particularly those of the Hindu community.
- Social Unrest: The imposition of a UCC could lead to social unrest and resistance from communities that view it as an infringement on their religious freedoms.
- Constitutional Provisions: UCC is perceived as infringing upon the constitutional right to freely practice one’s religion (Articles 25 and 26), and potentially conflicts with protections granted under the Sixth Schedule for tribal communities.
- Law Commission’s Stance: The Law Commission of India, in 2018, stated that a UCC is “neither necessary nor desirable at this stage,” suggesting that reforms within individual personal laws would be a better approach to address discriminatory practices.
Government’s Position
- The current government has no immediate plans to implement it.
- The 22nd Law Commission has been tasked with examining the issue, but no significant steps have been taken yet.
Conclusion
The UCC debate reflects India’s complex social fabric. While UCC appeals to equality and unity, India’s diversity poses challenges to its implementation. A balance between uniformity and diversity must be carefully considered, with gradual reforms preferred over immediate imposition.
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