Since PM Modi brought up the UCC during recent talks in MP, the chorus of voices supporting and against it has gotten stronger. Let's try to understand the origins, current state, and political and legal relevance of the Uniform Civil Code as its shadow casts a long shadow over the upcoming elections.
Similar to CrPC, which is the uniform criminal code, the uniform civil code intends to create and implement uniform personal/civil rules that apply to all individuals equally regardless of their gender, sexual orientation, or religion. Article 44 of the Indian Constitution, which declares that "the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India," makes reference to the UCC. Why then is there uncertainty and confusion about its creation and application since the Constitution makes it clear?
Similar to CrPC, which is the uniform criminal code, the uniform civil code intends to create and implement uniform personal/civil rules that apply to all individuals equally regardless of their gender, sexual orientation, or religion. Article 44 of the Indian Constitution, which declares that "the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India," makes reference to the UCC. Why then is there uncertainty and confusion about its creation and application since the Constitution makes it clear?
Personal Laws and Their Origins Personal laws were created during colonial administration, mostly for Hindu and Muslim residents as a byproduct of the effort to codify Indian laws for crimes, evidence, and contracts in a standardized manner. Marriage, divorce, inheritance, guardianship, wills, and adoption laws were purposefully left out of the scope of the uniform codification exercise and were to be applied in accordance with the respondents' religion, caste, faith, and beliefs.
Because the British did not want to interfere with the native population's family and religious affairs, segregation resulted. These laws were created following careful analysis of the traditions and writings of the relevant religious organization. resulting in the creation of the Muslim Personal Law and the Hindu Code Bill.
Hindus must abide by personal laws when it comes to matters of inheritance, succession, marriage, adoption, co-parenting, sons' obligations to pay off their father's debts, the partition of family property, maintenance, guardianship, and charitable contributions. Muslims must abide by personal laws that are founded on the Quran in order to handle legal matters such as inheritance, wills, succession, legacies, marriage, WAKF boards, dowry, guardianship, divorce, gifts, and pre-emption.
Contentions against UCC - While there are many arguments against UCC, from the BJP attempting to use it as a distraction tactic to its failure on the governance front to eliminating the pluralism and diversity of the nation, there have been three main arguments that were raised against the introduction of Article 44 in the draught assembly of the constitution and are still in vogue among those opposed to UCC. First, the universal civil code contradicted the right to freedom of religion protected by articles 25–28; second, it would cause strife within the Muslim community; and third, it was improper to influence personal law without the consent of the relevant religious communities.
Arguments in favor of UCC - In response to these claims made by members of the draught assembly of the constitution, it has been asserted that UCC would not only affect the Muslim community but also the Hindu community and that women's rights could not be secured without UCC (as demonstrated by the Shah Bano Case of 1985). Additionally, as the constitution has already made provisions for social reform legislation, it would not infringe on the right to freedom of religion. These arguments might still hold water today.
Advantage UCC - Dr. Ambedkar intended for UCC to protect vulnerable groups like women, young children, and religious minorities while fostering nationalistic emotion by fostering unity. It will also make the same civil law applicable to all citizens regardless of their gender and will reduce the legal complexity brought on by the separation of the Hindu Code Bill, Shariat Laws, and other laws dealing with marriage rituals, inheritance, succession, adoption, and divorce.
Therefore, UCC has the potential to be both a political coup and a Pandora's box. Whether or not the administration has learned from the CAA NRC debacle and the elimination of farm laws will determine which way things turn out. Will it pursue a consultative consent-building strategy to allay the concerns of the minority as intended by the constitution's founding fathers when they incorporated it under directive principles, or will it take the brute majority route? It will also demonstrate the government's intention to actually better the status of Muslim women, as indicated by Himant Biswa Sarma, or whether it will ignite a ray of hope and then snuff it out through poor implementation, similar to the previous administration's careless handling of the Bano case!
