Uniform Civil Code (UCC): A cursory Analysis

 

Uniform Civil Code (UCC): A cursory Analysis    

The issue of UCC is again in the news with a private member’s bill introduced in the Rajya Sabha. With a view to make the things easy to understand for the common man, I thought of sharing a common man’s take on the subject. The bill, inter alia, seeks to “provide for the constitution of the

National Inspection and Investigation Committee for preparation of Uniform Civil Code and its implementation throughout the territory of India and for matters connected therewith or incidental thereto”. The bill was supported by the ruling BJP and opposed by the opposition, as expected, on the respective party lines. UCC repeatedly remained on the agenda of the ruling BJP and other right wing Hindu outfits right from independence in 1947, framing of the constitution and thereafter. As such it remained a controversial issue. BJP and other proponents quote Article 44 of the Constitution which reads, “Shall endeavour to secure for the citizens a uniform civil code throughout the territory of India” and underline that it was the will of the majority of the constitution makers to have UCC that is why it was stipulated in the constitution under the Directive Principles of State Policy. On the other side the Congress Party and other parties in the opposition argued that time was not ripe to have UCC as it would tend to fragment the social fabric of the country which was   threat due to various factors. The opposition argued and said that the proposed legislation was against the principles enshrined in Article 26B and Article 29(1) of the Constitution, which allow people “to manage its own affairs in matters of religion” and the right to conserve distinct language, script or culture.

The Constituent Assembly discussed and debated the matter extensively and decided to insert the issue of UCC under the Directive Principles of State Policy. The Chief Architect of the Constitution, Dr. B.R. Ambedkar was, prime facie, in favour of UCC as his personal motivation was to reform the

society of graded inequality of which the socially depressed classes and the women folk were suffering for centuries. He was of the view that the UCC aimed to provide protection to vulnerable sections including women and religious minorities, while also promoting nationalistic fervor through unity. BJP and proponents of UCC often tend to take shelter under Ambedkar while pursuing their agenda in this regard. Babasaheb Ambedkar was a visionary and pragmatic leader and a nationalist to the core. India is a multi-cultural and multi-racial society. The Hindu conservatives were interested in maintaining the Hindu traditions with regard to civil matters of marriage, divorce, inheritance and share of women folk on one hand and the Muslim minority were keen to retain the personal laws like Shariat as India was a secular state which guaranteed religious freedom. Dr. Ambedkar agreed to insert the UCC under the Directive Principles of State Policy, I think, against his own liking. The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonize diverse cultural groups across the country. Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44. It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made. Babasaheb Ambedkar warned and said in the Constituent Assembly, "No one need be apprehensive that if the State has the power, the State will immediately proceed to execute…that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so." It was a far-sighted and pragmatic approach. We need to build “consensus’ on the issue. The minority communities should also not adopt a hard attitude just for the heck of it as many of the Islamic states have opted for ‘Common Law System and Civil Law Systems. The legal systems of countries all over the world are divided into two categories: common law systems and civil law systems. There are around 150 nations with predominantly civil law systems, compared to approximately 80 countries with common law systems. A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property.

India was not a nation. Under the post independence struggle, we are trying our best to make it a modern nation as a ‘Union of States’ with its diversity and individual freedoms. We are to maintain this under its ‘secular’ identity as many democratic and federal countries like the USA have done. In the United States of America, States are independent legal entities with their own Supreme Courts, which follow their own practices and legal conventions. Even though there are common principles that govern these civil laws in the States in a manner that is universal across the nation.

Ambedkar was not only a constitutional expert but also a great social reformer to make India a cohesive country. In the face of stiff opposition, he was interested in safeguarding the interest of women and depressed classes and proposed changes which later came as Hindu Code Bills - The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code. Ambedkar even resigned, in 1951, from his coveted position as the Law Minister in the Government of PM Jawaharlal Nehru when PM Nehru could not carry forward the reform agenda of Ambedkar. Nehru could not convince President Rajendra

Prasad who openly opposed the proposed Hindu Code Bills. He said, “My right to examine it (the bill) on its merits, when it is passed by the Parliament, before giving assent to it is there. But if any action of mine at a later stage is likely to cause embarrassment to the Government, I may take such appropriate actions as I may be called upon to avoid such embarrassment consistently with the dictates of my own conscience."

In this background, we need to be balanced and practical in addressing this complex issue as advised by Babasaheb Ambedkar. It is a matter of satisfaction that so far our judiciary has acted pragmatically to reconcile the differences owing to Uniform Criminal Code as against Diversified Civil Code - While the criminal laws in India are uniform and applicable equally on all, no matter what their religious beliefs are, the civil laws are influenced by faith. Swayed by religious texts, the personal laws which come into effect in civil cases have always been implemented according to constitutional norms.

All said and done, I think Uniform Civil Code would be beneficial to the health of the society at large. I quote from an article on the subject which explains the matter further and puts the issue in its perspective, “Since India is an emerging and progressive country, and it is a bit disappointing to hear that we are not bolting our attention to achieve the core purpose of equality and secularism that we have committed to providing to our citizens. India can be a great nation only if the same laws relating to inheritance, marriage, family, land, etc. apply to all citizens, irrespective of caste, creed or community. All Indians will be treated equally in this way. The age-old religious customs and personal laws of our country are usually gender-based.
The Uniform Civil Code is an indication of a progressive modern nation. It is an indication that the nation has moved away from caste politics and religious politics. We as a nation are regularly striving towards the best possible economic growth, it might also be right to say that socially and culturally we have degraded to a new low.
A uniform civil code will help to improve the conditions of women in India. It will help to bring about changes in the age-old traditions that have no relevance in today's modern society, where women should be accorded equal rights and treated fairly. The uniform civil code in India will ensure not division on the basis of religion but unity by creating a sense of nationality.”