Uniform Civil Code News Today

Tuesday, 26 May 20268 min read1,583 words14

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Context

The Supreme Court recently, in the case of Pavini Shukla vs Union of India, suggested the implementation of a Uniform Civil Code (UCC) to address gender bias inherent in personal laws. This observation by the apex court has once again brought the UCC debate to the forefront of national discourse. The Court’s suggestion was made while adjudicating a matter related to gender discrimination in personal laws, highlighting the need for a common legal framework that applies uniformly to all citizens, irrespective of their religion. Currently, in India, a uniform civil code is not in force at the national level. However, Uttarakhand has become the first state in independent India to implement a UCC. Additionally, the state of Goa has a form of common civil code in practice, known as the Portuguese Civil Code of 1867. The 21st Law Commission of India, in its 2018 consultation paper, had opined that the formulation of UCC is neither necessary nor desirable at this stage.

Background & Historical Evolution

The concept of a Uniform Civil Code has been a subject of debate in India since the colonial era. The British maintained separate personal laws for Hindus and Muslims, a system that continued post-independence. The Constituent Assembly debated the issue extensively, with members like Dr. B.R. Ambedkar supporting a UCC while others, fearing it would impinge on religious freedom, argued for its inclusion as a directive principle. Consequently, Article 44 was placed in Part IV of the Constitution, directing the state to endeavour to secure a UCC for citizens. Over the decades, the Supreme Court has repeatedly called for its implementation. In the landmark case (1985), the Court upheld the right of a Muslim woman to maintenance under Section 125 of the CrPC and urged the government to enact a UCC. Similarly, in (1995), the Court reiterated the need for a UCC to prevent the abuse of personal laws, particularly in matters of marriage and conversion. Despite these judicial pronouncements, successive governments have refrained from enacting a nationwide UCC, citing political sensitivity. In 2018, the 21st Law Commission of India, in a consultation paper, took a nuanced view, stating that the formulation of a UCC is neither necessary nor desirable at this stage, and instead recommended that reforms be undertaken in the family laws of every religion to make them gender-just. Most recently, Uttarakhand became the first state in independent India to implement a UCC, and Goa continues to follow the Portuguese Civil Code of 1867, which provides for a common family law.

What can be asked in exam?

•Prelims angle: Article 44 of the Indian Constitution is a Directive Principle of State Policy that directs the State to secure a Uniform Civil Code for citizens.
•Prelims angle: Subjects like marriage, divorce, adoption, and succession are listed in the Concurrent List of the Seventh Schedule of the Indian Constitution.
•Prelims angle: Uttarakhand became the first state in independent India to implement a Uniform Civil Code.
•Mains angle: Discuss the constitutional, social, and political challenges in implementing a Uniform Civil Code (UCC) in India with reference to Article 44 and Article 25. (GS-II, 250 words)
•Mains angle: Analyze the observations of the Supreme Court and the 21st Law Commission on the Uniform Civil Code. What do these different stands reveal about the complexity of the issue? (GS-II, 250 words)

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Key Points & Facts

The Uniform Civil Code seeks to replace religion-based personal laws with a common law applicable to all citizens, irrespective of religion, caste, creed, gender, or sexual orientation.
Constitutional Provision: Article 44 of the Indian Constitution, a Directive Principle of State Policy, directs the State to endeavour to secure a uniform civil code for citizens throughout the territory of India.
Federal Status: Matters such as marriage, divorce, adoption, and succession are included in the Concurrent List (List III, Entry 5) of the Seventh Schedule of the Constitution, allowing both the Centre and the States to enact laws on these subjects.
Judicial Observations: The Supreme Court, in the recent case of Pavini Shukla vs UoI, suggested UCC to address gender bias in personal laws. Earlier, in Shah Bano (1985) and Sarla Mudgal (1995), the Court had also called for the implementation of UCC.
Current Status: Uttarakhand has become the first state in independent India to implement a UCC. The state of Goa has a form of common civil code in practice, namely the Portuguese Civil Code of 1867. No nationwide UCC currently exists in India.
Law Commission View: The 21st Law Commission of India (2018), in one of its consultation papers, opined that the formulation of a UCC is neither necessary nor desirable at this stage. Instead, it emphasized that reforms must be undertaken in the family laws of every religion to make them gender-just.

Multi-Dimensional Analysis

Political & Constitutional Dimensions:

Government/Proponent View: The government is seen to be supportive of the UCC, viewing it as a tool to fulfill the constitutional mandate under Article 44. It is argued that UCC will ensure equality and justice for all citizens, particularly women, and will help in nation-building by emphasizing common citizenship over religious identity. The recent implementation in Uttarakhand is cited as a successful model.
Critic/Expert View: Critics, particularly from minority communities, view UCC as an encroachment on the fundamental right to freedom of religion (Article 25). They argue that personal laws are an essential part of religious practice and that imposing a uniform code could threaten the cultural diversity and pluralistic fabric of India. The 21st Law Commission's report, which deemed UCC 'neither necessary nor desirable at this stage', is often cited to argue for a cautious approach. The debate also involves a federal dimension, as subjects like marriage and succession are on the Concurrent List, requiring either central legislation or state-level initiatives.

Economic & Financial Impact:

Government/Proponent View: Proponents argue that a UCC could simplify legal procedures related to marriage, divorce, and inheritance, thus reducing litigation and the burden on the judiciary, which has long-term economic benefits. A uniform system could also facilitate ease of doing business by providing greater clarity on succession and property rights.
Critic/Expert View: Critics point out that the immediate implementation of a UCC would entail significant administrative costs, including the re-training of judicial officers, amendments to numerous laws, and a massive public awareness campaign. The economic impact of disrupting established customs and practices, particularly in the informal sector, is also a concern. No specific cost figures were provided in the source.

Social Dimensions:

Government/Proponent View: The strongest argument for UCC is its potential to ensure gender justice by eliminating discriminatory practices in personal laws, such as those related to polygamy, unequal inheritance rights, and unilateral divorce. It is seen as a means to emancipate women from patriarchal religious codes and uphold the constitutional guarantee of equality.
Critic/Expert View: Critics from within minority communities argue that UCC could be perceived as majoritarian and could lead to social unrest and a sense of insecurity among minorities. They contend that internal reforms of personal laws, as suggested by the Law Commission, are a more inclusive and less disruptive way to achieve gender justice. They also question whether a uniform code can truly accommodate the diverse social customs of various tribal and regional communities.

Governance & Administrative Aspects:

Government/Proponent View: A UCC would simplify the legal system by replacing multiple sets of personal laws with one, making the system more efficient and reducing forum shopping. It would strengthen the principle of secularism where civil laws are not influenced by religious beliefs. The Uttarakhand model is presented as a test case for administration.
Critic/Expert View: The primary challenge is the immense complexity of drafting a UCC that is acceptable to all. The implementation requires careful consideration of the customs of over a dozen major religious groups and hundreds of sub-groups. The Law Commission's 2018 report highlights this complexity, recommending tailored reforms over a single uniform code. There is also a concern about the capacity of the state machinery to handle a massive legal reform of this nature without causing administrative chaos.

International Perspective:

While the source does not explicitly mention international perspectives, it is well-known that many countries have a uniform civil code. For instance, in Turkey, a secular civil code was adopted to modernize the state. Several Western nations have uniform family laws applicable to all citizens, often with provisions for civil marriage as the only legally recognized form. In contrast, countries like Israel have separate personal laws for different religious communities. India's challenge is unique due to its immense diversity and the specific promise of freedom of religion.

Way Forward

The path to a Uniform Civil Code requires a nuanced, gradual, and consultative approach to build consensus.

Short-term measures: The government should initiate a comprehensive nation-wide consultation process, involving all stakeholders, including religious leaders, legal experts, women's groups, and political parties. Following the recommendation of the 21st Law Commission, the immediate focus should be on codifying and reforming personal laws of all religions to eliminate discriminatory practices, especially against women. This step-by-step approach can address the most egregious forms of gender bias without creating a massive backlash.
Medium-term reforms: A robust public discourse should be encouraged to create awareness about the need for a UCC and to dispel myths around it. The experience of Uttarakhand, the first state to implement UCC, should be carefully evaluated as a potential model. The government could consider enacting a 'model' UCC that states can voluntarily adopt, respecting the federal structure. The Law Commission should be tasked with preparing a draft code, taking into account the best practices from various personal laws and international examples.
Long-term vision: The ultimate goal should be a single, comprehensive UCC that applies to all citizens, ensuring equality, gender justice, and national unity. This should be accompanied by a transition period and robust safeguards to protect the rights of vulnerable groups. The international best practice of having a secular civil code that governs all civil matters, while allowing individuals to follow their personal laws only for religious ceremonies (e.g., France), could be studied. A final UCC should be a product of democratic consensus, not judicial or executive diktat, to ensure lasting social harmony.