Almost all the countries of the world have a common Civil Code for all their citizens. The basic idea behind the formulation of a Uniform Civil Code is to end discrimination based on religions. Personal law of nearly all religions has acted as a tool for the oppression of women, most of the times citing religious and social obligations. Personal laws have always played a big role in causing the rise of gender discrimination.
A Uniform Civil Code, guaranteed by the constitution, has also become a very sensitive and controversial issue which has always been communalized by people having vested interests. In a country like India where the principle of equality of all citizens is enshrined in the constitution, different sets of personal laws for different religious communities go against this very principle of the Constitution., the secular credentials of the republic and also challenge the concept of unity in diversity. In a diverse society like India the laws needed to deal with disputes related to the issues of marriage, divorce, custody, adoption, inheritance. If true justice is to be ensured, these laws need to be the same for all irrespective of religion, caste or sect.
At a time when reforms for strengthening the position of women in the society are being given the utmost significance and attention, there is an urgent need for a new civil code to eliminate discrimination against women in society.
A Uniform Civil Code administers the same set of secular civil laws to govern different people belonging to different religions and regions. This does away with the right of citizens to be governed under different personal laws based on their religion or ethnicity. Uniform Civil Code will, in the long run, ensure equality. A secular country like India needs a common law for all of its citizens rather than differentiated rules based on religious activities.
The rights of women are also generally restricted under religious laws, be it Hindu or Muslim. Triple talaq, priority given to men in succession and inheritance are only some of the examples.
Many practices governed by religious traditions are contrary to the fundamental rights guaranteed to us by the Indian Constitution. It can be argued that a Personal Law system violates the principle of equality of the Constitution
Courts are also of the opinion that the government should move towards a Uniform Civil Code. For example, the Shah Bano Case, which caused huge controversy in the 1980s revealed in disturbing connection between the justice system and politics. Another advantage of UCC is that it will simplify the cumbersome legal matters governed by personal laws and will promote gender justice by removing the inbuilt gender injustice of personal laws.
The paramount objective of unity and integrity of India as resolved by the People of India in the preamble could be achieved only when Article 44 is transformed into an enforceable Uniform Civil Code. In India, secular laws like the Special Marriage Act 1954, already exists. This law governs members of all the religions whether Hindu, Muslim, Parsi, Christian or of any other faith. It is acceptable for all the citizens of India. It has been rightly pointed out that UCC will not violate Article 25 and 26. Further, it can be argued that marriage, succession etc. are secular matters and law can regulate them.
Article 25 of the Constitution of India gives power to the state to interfere in matters of religion. So, the state can enact provisions for the welfare of religious entities and we can argue that UCC is welfare legislation because it will remove the inherent injustice and loopholes of the Personal Law System.
It is necessary that law be independent of religion. With the enactment of a uniform code, secularism will be strengthened; much of the present day separation and divisiveness between various religious groups in the country will disappear, and India will emerge as a much more cohesive and integrated nation.
The crusade for the implementation of the uniform civil code should get the support of all progressive and forward thinking citizens of the country. It is the need of the hour. There is also a need for a political consensus to implement the uniform civil code. In a nutshell, uniform civil code is necessary to effect an integration of a country as diversified as India by bringing all the communities into a common platform which do not form the essence of a single particular religion. A uniform civil code will also enforce the idea of secularism enshrined in the Indian constitution more forcefully.
According to my point of view for an ideal state UCC would be an ideal safeguard of citizen’s rights. Its adoption will be progressive legislation. With changing times, the need has arisen for having a Common Civil Code for all citizens, irrespective of religion, ensuring that their fundamental and Constitutional rights are protected. Even Secularism and National Integrity can also be strengthened by introducing UCC.
In the end, we should recall the words of Mahatma Gandhi: “I do not expect India of my dreams to develop one religion, i.e. to be wholly Christian or wholly Mussalman, but I want it to be wholly tolerant, with its religious working side-by-side with one another.
- Zoya Chettri
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