Uniform Civil Code (UCC) In India, Legal Reforms And The Way Forward : Gaurav Gupta

The Uniform Civil Code (UCC) is a proposed set of personal laws that would apply to all citizens of India regardless of their religion. It is one of the Directive Principles of State Policy mentioned in Article 44 of the Indian Constitution. The UCC would replace the current system of personal laws, which are based on religious scriptures and customs. These personal laws vary widely from religion to religion, and can often be discriminatory against women and other minority groups. 

India, a land of diverse religions, cultures, and traditions, stands at a crucial juncture in its pursuit of social justice and national unity. The adoption of a Uniform Civil Code (UCC) has emerged as a pressing need to harmonize personal laws and promote equality among citizens, regardless of their religious affiliations. This article delves into the significance of implementing a Uniform Civil Code in India, emphasizing the importance of equality, gender justice, and social cohesion in fostering a stronger and more inclusive nation. 

Ensuring Equality for All: 

Let's consider a hypothetical scenario where two individuals, Rajesh & Aamir , both residents of India, want to get married. Rajesh follows Hindu personal laws, while Aamir follows Muslim personal laws. Under the current system, their marriage would be governed by different sets of rules based on their religious affiliations. This disparity infringes upon the principle of equality enshrined in our Constitution. However, with the implementation of a Uniform Civil Code, Rajesh and Aamir would be governed by the same set of marriage laws, irrespective of their religious beliefs, ensuring equality and eliminating discrimination. 

Promoting Gender Justice: 

In India, certain personal laws grant unequal rights to women, such as practices like triple talaq, which have often left Muslim women vulnerable and devoid of legal protection. By implementing a Uniform Civil Code, women across religious communities would be granted equal rights and safeguards, promoting gender justice. For instance, a UCC would ensure that Muslim women are protected from arbitrary divorces and granted the same rights as women from other religious communities. This would empower women and foster a society where gender equality is upheld. The UCC could also help to promote gender equality among Hindus by providing a set of laws that are more equitable for women. For example, the UCC could guarantee women equal rights to property inheritance and divorce. This would be a significant improvement over the Hindu Marriage Act, which does not guarantee women equal rights in these areas. 

Fostering Social Cohesion: 

India's rich cultural tapestry is woven with diverse religious practices. However, personal laws that differ based on religious affiliations can create divisions among communities. With a Uniform Civil Code, all citizens would be governed by a common set of laws that transcend religious boundaries. For example, inheritance laws, which currently vary across religious communities, would be unified under the UCC. This would foster a sense of social cohesion, reinforcing the idea that all citizens are equal before the law, regardless of their religious beliefs. 

Adapting to Modern Times: 

Societal values and norms continue to evolve with time, necessitating a legal framework that can adapt to these changes. Personal laws rooted in religious customs may sometimes conflict with progressive ideals. Consider the issue of marital rape, where the existing personal laws in some religious communities do not criminalize the act. Implementing a Uniform Civil Code would enable the incorporation of modern principles and ensure that laws align with the evolving social landscape, promoting inclusivity and individual freedoms. 

Streamlining Legal Processes: 

Presently, navigating the complexities of multiple personal laws can be arduous and time-consuming. Disputes related to matters such as divorce, inheritance, and adoption often face delays due to varying legal procedures. A Uniform Civil Code would streamline these processes, simplifying the legal landscape and making it more accessible to all citizens. For example, individuals seeking a divorce would follow a standardized procedure, irrespective of their religious background, ensuring faster and more efficient resolution of disputes. 

Protect Minority Rights: 

Some people argue that a UCC would violate the religious freedom of minority groups. However, a well-drafted UCC could be designed to respect the religious beliefs of all citizens, while still ensuring that everyone is treated equally under the law. 

Promote National Integration: 

India is a diverse country with a wide variety of religious and cultural traditions. A UCC would help to create a more unified legal system and promote a sense of shared national identity. 

Comply with international human rights standards: 

The United Nations Human Rights Committee has repeatedly called on India to implement a UCC. A UCC would help India to demonstrate its commitment to the principles of equality and non-discrimination. 

Reason why it has not been implemented yet:  

There are a number of reasons why the UCC has not been implemented. One reason is that there is a lot of opposition to the idea from religious groups. Some people believe that the UCC would violate their religious freedom, and they are concerned that it would lead to the erosion of their cultural identity. Another reason is that there is a lack of political will to implement the UCC. The Indian government has been reluctant to take on such a controversial issue, and it is worried about the backlash that it might face from religious groups. 

Another challenge is the diversity of Indian society. India is a country with a wide range of cultures and religions. A UCC would need to be carefully designed to take into account the different cultural and religious sensitivities of all Indians. 

The progress of Uniform Civil Code Implementation in India

The government of India has made some progress towards implementing a Uniform Civil Code. In 2016, the Law Commission of India released a report that recommended a number of changes to the personal laws. These changes included raising the minimum age of marriage for both men and women, abolishing polygamy, and giving women equal rights to property and inheritance. 

State where Uniform Civil Code already Exists  in India

The only state in India that has implemented a Uniform Civil Code is Goa. The Goa Civil Code was enacted in 1961, and it applies to all citizens of Goa regardless of their religion. The Code covers a wide range of matters, including marriage, divorce, inheritance, and adoption. 

The Goa Civil Code is considered to be a progressive piece of legislation. It gives women equal rights to men in all matters, and it prohibits polygamy and child marriage. The Code has been praised by many legal experts, and it has been cited as an example of how a Uniform Civil Code could be implemented in other parts of India. 

Apart from the above there are a few countries that have implemented a uniform civil code, or something similar to UCC These countries include: 

France has a civil code that applies to all citizens, regardless of their religion. This code was first established in 1804 and has been amended several times since then. 

Italy has a civil code that was first established in 1865. This code has been amended several times since then, but it still applies to all citizens, regardless of their religion. 

Portugal has a civil code that was first established in 1966. This code applies to all citizens, regardless of their religion. 

Spain has a civil code that was first established in 1889. This code has been amended several times since then, but it still applies to all citizens, regardless of their religion. 

Sudan has a civil code that was first established in 1991. This code applies to all citizens, regardless of their religion. 

Egypt has a civil code that was first established in 1923. This code has been amended several times since then, but it still applies to all citizens, regardless of their religion. 

United States does not have a uniform civil code, but some states have adopted their own versions of a UCC. For example, California has a Family Code that applies to all citizens, regardless of their religion. 

Ireland has a civil code that was first established in 1937. This code applies to all citizens, regardless of their religion. 

It is important to note that the specific laws that apply to each country's uniform civil code may vary. For example, the French civil code does not allow for same-sex marriage, while the Spanish civil code does. Additionally, some countries may have separate laws for certain personal matters, such as inheritance, that are not covered by the uniform civil code. 

Conclusion:

There are a number of challenges to implementing a UCC, but there are also a number of reasons why it is needed. The adoption of a Uniform Civil Code in India is a vital step towards achieving equality, justice, and social harmony. It upholds the principles of fairness, gender justice, and national integration, while also adapting to the needs of a changing society. By implementing a UCC, India can transcend religious boundaries and foster a society that celebrates its diversity while standing united in the pursuit of justice and equality for all its citizens besides from a Geopolitical view point, a UCC would send a message to the world that India is a secular country that respects the rights of all its citizens. Currently, some countries view India as a country that is divided along religious lines. A UCC would show the world that India is committed to secularism and that it is a country where all citizens are treated equally, regardless of their religion. 

(Author: Gaurav Gupta is a Geopolitical Expert, Hony. Secretary Jammu Club Jammu & Former Secretary General CCI Jammu)