Opinion: Why India Needs A Uniform Civil Code
NDTV
Prime Minister Narendra Modi's comments in Madhya Pradesh on the necessity of a Uniform Civil Code (UCC) for India resonates with the understanding that uniformity is not conformity. A uniform code does not imply that all individuals must conform to the same beliefs, practices, or cultural norms; rather, it suggests that all citizens should be governed by the same set of civil laws regardless of their background or beliefs. It means uniformity in the application of laws, not uniformity in culture or religion. This distinction is crucial as it upholds the multicultural fabric of a diverse country like India while promoting a shared sense of citizenship and national identity. This concept echoes Voltaire's principle in "Treatise on Tolerance", where he emphasizes that in a well-governed state, everyone's ability to follow their personal beliefs should be protected as long as it doesn't harm others. The implementation of UCC in India, thus, would aim at ensuring legal uniformity, not enforcing cultural or religious conformity. It is an attempt to balance the rights of individuals to practice their personal beliefs with the imperative to uphold equal rights for all citizens under the law.
Before venturing into the arguments in favor of UCC, let us first understand what it is. Article 44 of the Indian Constitution stipulates, "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India." Even though India already has a uniform criminal code applicable to everyone within its jurisdiction, as well as several uniform statutes such as the Contract Act, the Transfer of Property Act, and the Civil Procedure Code, the Uniform Civil Code referenced here is distinct. This code is primarily concerned with personal laws dealing with marriage, divorce, inheritance and adoption, demonstrating the specific area it aims to standardise.
Almost all aspects of a UCC fall under Entry No. 5 in the Concurrent List, covering marriage and divorce, matters concerning minors and infants, adoption, wills and succession, joint family and partition, and all matters which were subject to personal law before the constitution was enacted. Consequently, both state assemblies and the union government have the power to introduce the UCC, should they wish to. It has been reported that states such as Gujarat, Uttarakhand, and Assam are making strides towards the implementation of the UCC.
Why should a UCC be introduced in India? A central argument in its favour is the promotion of gender equality. The lack of a UCC can lead to instances where personal laws adversely affect women, prompting them to appeal to the Supreme Court to uphold their fundamental rights to equality and liberty. The UCC can work towards eliminating such gender discrimination inherent in personal laws, thereby promoting gender justice, equality, and the dignity of women.
