UNIFORM CIVIL CODE: SHOULD IT BE IMPLEMENTED?

The implementation of the Uniform Civil Code (UCC) is not only one of the promises done by the BJP in their manifesto but also one of the most disputed issues since Indian independence. The Bifurcation of Kashmir (Removing Article 370 and 35A), and resolving the Ayodhya Babri Masjid dispute were very bold moves from the Indian government. Now, the UCC is most probably the target for them. Let's understand what UCC is and why it is important.

What is Uniform Civil Code?

Uniform Civil Code, One Nation One Law, is a directive policy that aims to bring a common civil code for all citizens. The criminal procedure code is uniform in our country, i.e., it acts uniformly for each and every citizen of India. UCC is required to bring uniformity in law while dealing with civil cases such as adoption, marriages, divorces, inheritance, etc.

Article 44 of the Indian Constitution gives the direction to the state for Uniform Civil Code. Due to opposition from conservative Hindus and Muslim sects this law was not implemented post-independence. As it is in Directive Principles of the Constitution and not in Fundamental Rights (Article 14-32), it was not implemented and comes under dispute for potential violation of basic rights.

Why does India need UCC?

Given the diversity of religions and the practices within our society, there are personal laws that govern the civil rights of the citizens. But India, being a secular country, has a lot of religions and all have their personal laws such as Hindu personal law, Sharia (for Muslims), Christian personal law, etc. The mix of different codes results in different treatment of an individual based on his/her religion.

It looks very usual to us as we are seeing this for years but this mix of codes led to discrimination in the name of religion, caste, sex, race, etc. Some of the examples of such discrimination are as follows:

• Polygamy (Multiple marriages)
• Child Marriage
• Compensation after divorce and parenting of the child.
• Percentage of property succession, etc.

There are a number of cases seen where personal laws stand as a hurdle. In 2019, the Muslim Women Protection Act was passed by which the practice of Triple Talaq (Instant divorce) was declared illegal. Egypt, a country with a 90% of Muslim population, banned Triple Talaq in 1929. It took 90 years for India to realize the intensity of discrimination being ignored in the name of personal law. This is why Uniform Civil Code is today's necessity.

Myths and Realities about UCC

In the recent past, whenever the parliament has given the green signal to any bill, large-scale opposition and protests have been seen. Some bills were not implemented correctly while some were good but people had myths. Let us address some common myths people have about UCC:

• UCC means the imposition of the Hindu code

UCC simply means the equal set of rights for everyone irrespective of their religion. The uniformity of personal laws can be achieved with the help of UCC.

• Freedom of Religion is in danger.

The Right to freedom of religion is granted in the fundamental rights of the Indian Constitution. The implementation of UCC will not affect the basic rights of citizens.

• UCC will lessen the harmony in the society

With the personal laws in action, the violation of rights of many individuals has been seen which is important to be addressed to strengthen communal harmony and people's belief in the government.

What if UCC is implemented?

Here are some crucial facts that we need to understand for the betterment of our country:

1. Every citizen has to follow the same rules regardless of his/her religion without limiting them to follow the religion. This sounds fair enough for India to be called a "secular" country. All the laws related to marriage, divorce, inheritance, etc. should be equal for all Indians to ensure that all Indians are treated the same.
2. Uniform Civil Code will help in the betterment of women's condition in the patriarchal Indian society. Conventional indoctrination of laws causes prejudice against women with polygamy, child marriage, etc. Today's society demands women to be treated equally to men.
3. UK, China, Russia, Canada, USA, Germany, etc. have implemented Uniform Civil Code. UCC is a sign that countries have moved away from caste and religious-based politics. It is important for India to cross all the hurdles that have stopped India to become progressive.
4. It would eventually reduce the vote bank politics that create communal polarisation and riots during elections. This would ultimately help in uniting people, fewer conflicts, and less burden on the judiciary system.

Conclusion

Currently, Goa is the only state with Uniform Civil Code because it was under the Portuguese Colony. Shah Bano's case of the 1980s was one of the major issues that led the Supreme Court to think about the implementation of UCC. Uttarakhand and Uttar Pradesh are probably the next states to impose UCC. According to Article 245, Parliament has the right to make a law throughout the territory.

In addition, we, as citizens, should also have to understand our duties. We have to think rationally for either being a supporter or a critic. We cannot ask for UCC if we are practicing caste and gender discrimination, misuse of freedom of speech, indulging in riots, etc. We need to understand our responsibilities too to make this country more united but diverse.