Uniform Civil Code (UCC) in India: A Complex Legal and Social Issue
Context:
Retired Supreme Court judge Ranjana Prakash Desai has been appointed as the head of a five-member panel tasked with formulating guidelines for the Uniform Civil Code (UCC) in Gujarat.
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- This marks another step towards the implementation of a UCC by another state, following Uttarakhand’s recent adoption of the code.
- Justice Desai, who had previously led the Uttarakhand UCC drafting committee, will oversee the Gujarat panel, which has been given 45 days to submit its report.
- With this move, Gujarat joins the ranks of states advancing towards a UCC, while Goa remains the only Indian state with a civil code, inherited from its Portuguese-era laws after its accession to India in 1961.
Uniform Civil Code (UCC)
- The Uniform Civil Code (UCC) aims to replace the current system of religious personal laws with a common legal framework governing marriage, divorce, inheritance, and adoption for all Indian citizens.
- The UCC, enshrined in Article 44 of the Indian Constitution as a Directive Principle of State Policy, remains a non-mandatory goal for the state.
Gujarat’s diverse demographic profile will shape the impact of the Uniform Civil Code (UCC). With a Hindu majority (88%) likely to support the UCC for national integration and gender justice, resistance may come from conservative sections and the 9.7% Muslim minority, which follows Sharia-based personal laws. Tribal communities (14.8%) with distinct customary laws may also oppose changes to inheritance and land rights. While urban areas (43%) may embrace the UCC for legal simplification and gender equality, rural regions rooted in tradition could resist it. The UCC could empower women by addressing polygamy, inheritance inequality, and child marriage, but its success depends on balancing religious freedoms and legal uniformity. Economically, businesses may benefit from streamlined legal processes, though implementation costs could be a challenge.
Constituent Assembly Debates
- Supporters (Ambedkar, Munshi, Masani, Mehta, Kaur): Advocated UCC for national unity and gender equality.
- Opponents (Ismail Sahab, Pocker Sahib Bahadur): Feared it would infringe on religious freedoms.
- Compromise: UCC placed in Directive Principles, making it non-binding.
Key Judicial Pronouncements
- Shah Bano Case (1985): Strengthened women’s right to maintenance, emphasising UCC’s role in national integration.
- Sarla Mudgal Case (1995): Called for UCC to prevent misuse of personal laws.
- Shayara Bano Case (2017): Outlawed triple talaq, reigniting the UCC debate.
Arguments in Favor of UCC
- Equality Before Law: Standardised marriage and inheritance laws promote gender justice (Article 14).
- Women’s Empowerment: Addresses issues like polygamy, child marriage, and unequal inheritance.
- Simplification of Legal System: Reduces judicial backlog caused by multiple personal laws.
- National Integration: Encourages constitutional patriotism over religious identity.
- Modernisation & Social Reform: Aligns personal laws with contemporary values, including LGBTQ+ rights.
- Global Alignment: Adopting UCC would improve India’s international human rights standing.
Arguments Against UCC
- Cultural Preservation: Risks eroding India’s diverse customs (e.g., Khasi matrilineal inheritance).
- Religious Freedom: May infringe on Article 25, which protects religious practices.
- Minority Rights: Concerns over majority influence shaping laws unfavorably for minorities.
- Implementation Challenges: A single law for diverse traditions is logistically complex.
- Federalism Issues: Personal laws fall under the Concurrent List, requiring state and central coordination.
- Economic Costs: Legal system overhaul could strain resources amid an existing judicial backlog.
Way Forward
- Inclusive Dialogue: Engage religious leaders, legal experts, and civil society for consensus.
- Phased Implementation: Start with broadly accepted reforms (e.g., marriage age, equal inheritance).
- Constitutional Safeguards: Protect minority customs while ensuring fundamental rights.
- Evidence-Based Approach: Study Goa’s civil code and Uttarakhand’s UCC to guide national policy.
Rather than enforcing uniformity, the focus should be on justice and fairness in personal laws. A well-crafted UCC must balance individual rights, religious freedoms, and national cohesion, ensuring a just and inclusive legal framework for all Indians.
