BL Explainer: What is the Uniform Civil Code all about?

What is the Uniform Civil Code all about?

What is the Uniform Civil Code? Is it a part of the Constitution?

The Uniform Civil Code (UCC) aims to enforce a uniform legal framework to all citizens, irrespective of their religion. Right now, matters including marriage, divorce and succession are governed by religion-based personal laws.

UCC is part of Part IV of the Constitution which includes the Directive Principles of State Policy (DPSP). Article 44 in DPSP states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

Implementation of the Uniform Civil Code is one of the BJP’s poll promises.

What is the historical background to its enforcement, and why has it been patchy across religions and castes?

The UCC can be traced back to the debates during the framing of the Indian Constitution. Some members of the Constituent Assembly, including Dr BR Ambedkar believed that a UCC was necessary to promote gender equality, secularism, and national integration. However, many other members including Nazirrudin Ahmad were against it, claiming that the religious laws of different communities should not be tampered with, without their consent.

The implementation of the code has been patchy because India is a diverse country with the various religious communities following their own personal laws. For instance, the laws of succession for most religions are skewed towards the male children of an “interstate” person. The legal marriageable age for Muslim women is different from the others. While some religious and customary personal laws permit polygamy and polyandry, others do not.

Similarly, the grounds for divorce and alimony are different in various religious laws.

Which States/UTs have adopted it?

Even though many BJP-ruled States including Gujarat, Madhya Pradesh and Assam have expressed their willingness to follow the UCC, none have officially adopted it.

However, a version of the UCC is in place in Goa. It follows the Portuguese Civil Code of 1867, which means that people of all religions in Goa are subject to the same laws on marriage, divorce, and succession. The Goa Daman and Diu Administration Act of 1962, which was passed after Goa joined the union as a territory in 1961, gave Goa permission to apply the Civil Code.

How did the recent furore over the Uniform Civil Code start?

The demand to implement the UCC has come up many times, notably, in 1985, during the hearing of the Shah Bano case. The Supreme Court here ruled that Shah Bano, a Muslim woman, who was divorced by her husband, be given financial support. This led to a backlash since this was against Muslim personal laws. However, this was overturned by the Rajiv Gandhi government, which did not want to ruffle the feathers of the religious conservatives.

Prime Minister Narendra Modi’s call implement it, in a political rally in Bhopal has brought the issue back to the fore.

What are the arguments in favour of the UCC?

Many believe that UCC is important for national integrity and equality of genders and religions. The supporters argue that personal laws based on religion can sometimes lead to discriminatory practices, especially against women.

Another argument is that a common civil code would reinforce the principles of secularism in India. Legal experts also say that the implementation of the UCC will make legislation in terms of succession and divorce easier and will oust a lot of outdated religious personal laws.

Also read: The case against Uniform Civil Code

What are the people opposed to the UCC saying?

People opposing it say that the UCC could infringe upon religious freedom and might clash with religious practices. Since India is a diverse nation with various cultures, there are arguments that different communities should have the right to maintain their distinct customs and practices and that a law should not be implemented on minority communities without their consent.

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