Independence Day 2024: Prime Minister Narendra Modi | Credit: X
Prime Minister Narendra Modi has made a compelling case for the adoption of a Uniform Civil Code (UCC) in India, criticising the current civil code for being “communal” and advocating a secular alternative.
During his Independence Day speech from the Red Fort, the Prime Minister said, “The Supreme Court has repeatedly discussed the Uniform Civil Code and issued directives several times.”
He stressed that the current civil code is divisive and noted that “many people in the country – and it is true – believe that the Civil Code we currently follow is, in fact, a community Civil Code.”
The Prime Minister stressed that citizens have been governed by a community civil code for 75 years and underlined the need for a secular civil code to eliminate religious discrimination.
“It is imperative that we establish a secular civil code in the country… only then can we eliminate discrimination based on religion,” he said.
What is the Uniform Civil Code (UCC)?
The Uniform Civil Code (UCC) proposes a set of laws common to all citizens, regardless of religion, covering issues such as marriage, divorce, inheritance, succession and adoption. The aim is to have secular laws prevailing over religious laws in these areas. Currently, the UCC is only implemented in Goa, while a draft law is being considered in Uttarakhand.
Is UCC part of Indian Constitution?
Yes, the Uniform Civil Code is mentioned in Part IV of the Constitution, which states that the government “shall endeavour to secure to the citizens a uniform civil code throughout the territory of India.” The framers of the Constitution envisioned a uniform set of laws that would supersede the personal laws of each religion on issues such as marriage, divorce, inheritance and adoption. The Uniform Civil Code is part of the Directive Principles of State Policy, which are not enforceable by law but are fundamental to the governance of the country.
What are the debates surrounding the UCC?
It has been observed that while most of the criminal and civil laws in India such as the Criminal Procedure Code, Civil Procedure Code and Contract Act are uniform, states have made over 100 amendments to the Criminal Procedure Code and Indian Penal Code as well as several changes to civil laws. For example, BJP-ruled states reduced fines imposed by the central government under the amended Motor Vehicles Act. Another example is the variation in anticipatory bail laws across states.
What are the experts’ opinions?
Experts argue that given the existing plurality of codified civil and criminal laws, the idea of ”one nation, one law” may be difficult to apply to the diverse personal laws of various communities.
Furthermore, constitutional law experts suggest that the framers of the Constitution may not have intended to achieve complete uniformity, as personal laws were placed in entry 5 of the Concurrent List, allowing both Parliament and State Assemblies to legislate on them.
If one considers the codified personal laws of different communities in India, it is evident that not all Hindus are governed by a uniform personal law even after the enactment of the Hindu Code Bill. Similarly, Muslims and Christians have their own personal laws. The Hindu Code Bill, initially designed to address issues such as inheritance, succession rights and divorce, faced strong opposition from conservative groups. As a result, it was amended and divided into four separate acts – the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Hindu Guardianship Act, and the Hindu Adoptions and Maintenance Act – in the 1950s.
What has the Supreme Court said about the UCC?
The Supreme Court has called for the implementation of the Uniform Conciliation Code in several judgments. In 1985, in the case of Mohd. Ahmed Khan vs Shah Bano Begum, in which a divorced Muslim woman sought maintenance from her ex-husband, the Court highlighted the need for a Uniform Conciliation Code while deciding whether the Code of Criminal Procedure or Muslim personal law should prevail.
The Court also urged the government to implement the UCC in the 1995 Sarla Mudgal case and the 2019 Paulo Coutinho vs Maria Luiza Valentina Pereira case.
What has the Law Commission said?
In 2016, the Modi government asked the Law Commission of India to study how to frame a code taking into account the “thousands of personal laws” existing in the country. The Law Commission’s 2018 consultation paper on family law reform stated that a unified nation does not necessarily require “uniformity” and that secularism should not conflict with the country’s diversity.
The report suggested that the UCC is “neither necessary nor desirable at this stage” and recommended that discriminatory practices within personal laws be studied and modified.
The Commission proposed certain reforms in the laws on marriage and divorce that should be applied uniformly across all religions, including fixing the minimum age of marriage for boys and girls at 18 years, making adultery a ground for divorce for both sexes and simplifying the divorce process. It also recommended abolishing the Hindu Undivided Family (HUF) as a tax-exempt entity.
First published: August 15, 2024 | 12:44 pm IS
Disclaimer:
The information contained in this post is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the post for any purpose.
We respect the intellectual property rights of content creators. If you are the owner of any material featured on our website and have concerns about its use, please contact us. We are committed to addressing any copyright issues promptly and will remove any material within 2 days of receiving a request from the rightful owner.