‘India needs Uniform Civil Code, but it should be a secular code that does not favour any group’

Uniform Civil Code seeks to ensure justice for all genders across different communities, says Prof. Hameed Chendamangalloor. It will codify family laws for all communities, and any cultural practice that discriminates against women should be abolished., he adds.

India definitely requires a Uniform Civil Code (UCC) that is fair and unbiased. It should be a secular code that doesn’t favour any particular religious group. The code should be founded on the Directive Principles of State Policy outlined in the Constitution. The notion that it violates religious freedom lacks logic and reasoning. Implementing a common civil code will promote equality and justice for all genders across different communities.

It is absolutely wrong and a fake narrative against the implementation of the UCC. Anything that is against ensuring justice for women should formally be put to an end. Sati, a historical practice, was abolished. Similarly, child marriages were made illegal. Likewise, the government brought in the Protection of Women from Domestic Violence Act. Triple Talaq is now legally banned. The UCC rules will only be for succession, inheritance, marriage, divorce, custody of the child, guardianship, and alimony, and these will be applicable for all communities irrespective of religion.

The objective of the UCC is not to bring uniformity in religious faith but to codify family laws for all communities. Many Muslim organisations are spreading misinformation that the community will have to do away with religious beliefs and rituals. The practices associated with marriage and burial of any religious community have not been discontinued when child marriage was banned. Any cultural practice that discriminates against women and asserts male dominance should definitely go.

For example, polygamy is legal according to the Muslim Personal Law (Shariat Application Act), 1937, but it is against women. However, the Muslim Personal Law is not applicable to Muslims who marry under the Special Marriage Act.

The BJP has been proposing the implementation of the UCC for a long time. The 21st Law Commission said that the UCC “is neither necessary nor desirable at this stage.” in 2018. But the 22nd Law Commission has mooted the UCC and solicited opinions. When Prime Minister Narendra Modi raised the issue of the UCC, it quickly became entangled in politics. The BJP seems eager to promote the UCC as a key poll plank in the upcoming Lok Sabha elections. In doing so, they may aim to portray Muslims as a community resistant to change. Interestingly, when Jawaharlal Nehru and B.R. Ambedkar advocated for the UCC, Muslim members of the Constituent Assembly too voiced their opposition to it.