What is UNIFORM CIVIL CODE?
The Uniform Civil Code (UCC) is a concept that has sparked numerous debates and discussions in India. It refers to the proposition of a single set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of their religious affiliations. The UCC aims to promote gender equality, secularism, and social cohesion by eliminating the existing personal laws that are based on religious customs and traditions. In this article, we will explore the arguments in favor of implementing a Uniform Civil Code in India.
Equality and Justice
One of the primary reasons for advocating a Uniform Civil Code is to ensure equality and justice for all citizens. India is a diverse country with a multitude of religions and cultural practices. However, the existence of different personal laws for different religious communities often leads to disparities and discrimination, particularly against women. For instance, certain religious personal laws permit practices such as triple talaq (instant divorce) and polygamy, which can have severe implications for women's rights. A Uniform Civil Code would uphold the principles of gender equality and provide a level playing field for all citizens.
Secularism and National Integration
India is a secular nation that values the principle of equal treatment for all its citizens, regardless of their religious background. However, the presence of different personal laws creates divisions and hampers the process of national integration. Implementing a Uniform Civil Code would be a significant step towards strengthening the secular fabric of the country. It would ensure that laws are based on principles of justice, reason, and constitutional values rather than religious beliefs. A Uniform Civil Code would promote a sense of unity and shared identity among citizens, fostering social harmony and integration.
Simplification and Accessibility
The current legal framework, with multiple personal laws, can be complex and confusing for citizens. Navigating through various legal systems based on religious affiliations can be challenging, particularly for those with interfaith marriages or individuals seeking redressal under different personal laws. A Uniform Civil Code would simplify the legal system by providing a single set of laws that are applicable to all citizens. It would make legal processes more accessible, reducing ambiguity and ensuring that individuals are aware of their rights and responsibilities.
Protection of Women's Rights
Gender justice is a fundamental aspect of a progressive society. The existing personal laws, influenced by patriarchal norms, often place women at a disadvantage. A Uniform Civil Code would provide an opportunity to rectify these inequalities and safeguard women's rights. It would ensure that principles of equality, non-discrimination, and dignity are uniformly applied across all personal matters. Women would no longer face differential treatment based on their religious identity, leading to a more inclusive and just society.
Preserving Cultural Diversity
Critics of the Uniform Civil Code argue that it may undermine cultural diversity and encroach upon religious freedoms. However, it is important to note that a Uniform Civil Code does not aim to eliminate religious customs and practices altogether. It seeks to harmonize personal laws in areas that pertain to matters of general importance, such as marriage, divorce, and inheritance, while allowing individuals the freedom to practice their religion in other aspects of their lives. The UCC can coexist with personal laws related to rituals, ceremonies, and religious practices that do not conflict with the principles of equality and justice.
Let’s see the existing Civil Codes.
(1) HINDU MARRIAGE ACT 1955
The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others.[1] Besides amending and codifying Sastrik Law, it also included separation and divorce, which also exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religionspecific civil codes that separately govern adherents of certain other religions
(2) HINDU SUCCESSION ACT (1956)
An Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.[1] The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005)
(3) HINDU MINORITY AND GUARDIANSHIP ACT (1956)
The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property
(4) HINDU ADOPTIONS AND MAINTENANCE ACT (1956)
The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or parents, and in-laws.
(5) THE INDIAN CHRISTIAN MARRIAGE ACT OF 1872
An act of the Parliament of India regulating the legal marriage of Indian Christians. It was enacted on July 18, 1872, and applies throughout India, excluding territories such as Cochin, Manipur and Jammu and Kashmir. According to the act, a marriage is legitimate if at least one of the parties is Christian. An ordained minister of any church in India, a clergyman of the Church of Scotland, a marriage registrar or a special licensee may get an aspiring couple married under the act.[2] The marriage performer issues a marriage certificate. This certificate is recorded with the Registrar of Marriage (who is appointed by the government). As is common in other Indian marriage acts, the minimum age is 21 for the groom and 18 for the bride.
The marriage ceremony must occur between 6 a.m. and 7 p.m., unless the marriage performer secures special permission. The wedding may take place in a church; however, in cases where there is no church within five miles, an appropriate alternative location may be chosen.[1]
(6) INDIAN DIVORCE ACT OF 1869
Christian marriage in India can be dissolved under the Indian Divorce Act of 1869 (under Section X) under three conditions:
By Section X A (as amended in 2001) both parties can file for a divorce by mutual consent.
According to Section X (I), either party can file for divorce on the grounds that the other party is of unsound mind. These grounds require two conditions:
The party must be medically certified as 'incurable.'
The relevant medical symptoms must have been noted at least two years prior to filing for divorce. If the symptoms were treated at any point in time, but ultimately became incurable, the period of two years will be counted from the date when the disease was certified as incurable.
Women can request a divorce under Section X (II) on three exclusive grounds: rape, sodomy and bestiality.
A woman married under The Indian Christian Marriage Act of 1872 can seek dissolution of her marriage under the Indian Divorce Act of 1869[5]
(7) THE MUSLIM PERSONAL LAW (SHARIAT) ACT, 1937 The Muslim Personal Law (Shariat) Act, 1937 being a Central legislature enactment could not consider making state laws as the same existed beyond its legislative competence. Therefore, relevant subject matters such as agricultural land, charities, and charitable endowments were left alone. This has three implications which are:
The Act failed to achieve its purpose of ensuring equal rights to both males and females which were restricted on the application of customary laws.
When there arise disputes concerning these three subjects of agricultural land, charitable endowments, and charities, courts will not be able to apply Muslim Law under the authority provided by the Shariat Act, 1937.
Because of the absence of provincial laws in these three subjects, State legislatures have the authority to formulate laws on these matters. For example, in the State of Tamil Nadu, Muslims are regulated by Muslim personal law in subject-matters of agricultural land because there has been an amendment of Section 2 of the Act of 1937 to include these subject matters which are not governed by the Act in general.
Taking a note of these three existing loopholes, it can be said that although the legislation seems to walk along with social changes, it walks two steps backwards because of the associated hindrances.
(8) THE INDIAN SUCCESSION ACT, 1925
It broadly divides succession into intestate and testamentary succession. The Act is the principal legislative measure in India dealing with the substantive law of testamentary succession in regard to persons other than Muslims and intestate succession in regard to persons other than Hindus and Muslims. This Act is a consolidating Act. It is only an amending Act and has only consolidated several pre-existing Central Acts passed between 1841 and 1903 without introducing any material changes. The Act consolidated following Acts:
The Succession (Property Protection) Act, 19 of 1841
The Indian Succession Act, 10 of 1925
The Parsi Intestate Succession Act, 21 of 1865
The Hindu Wills Act, 21 of 1870
The Married Women’s Property Act, 3 of the 1874, Section 2
Probate and Administration Act, 5 of 1881; Act 6 of 1889; Act 2 of 1890 and Act 8 of 1903
The District Delegates Act, 6 of 1881
The Succession Certificate Act, 7 of 1889
The Native Christian Administration of Estates Act, 7 of 1901
CONCLUSION
The Uniform Civil Code represents an opportunity to establish a progressive and inclusive legal framework in India. It promotes gender equality, social cohesion, and secularity while simplifying legal processes and protecting women's rights. The implementation of a Uniform Civil Code should be approached with sensitivity, ensuring meaningful dialogue, and addressing concerns raised by various stakeholders. By embracing the principles of justice and equality, India can move closer to its vision of a truly inclusive society, where the rights and dignity of all citizens are respected, irrespective of their religious affiliations.