THE Uniform Civil Code (UCC) is a proposed common law for India that applies to all religious communities in matters such as marriage, divorce, inheritance and adoption. The issue has been at the centre of political narrative and debate for over a century and a priority agenda for the Bharatiya Janata Party (BJP) which has been pushing for the legislation in Parliament. The saffron party was the first to promise the implementation of UCC if it comes to power and the issue was part of its 2019 Lok Sabha election manifesto. When BJS was formed, in 1951, Syama Prasad Mukherjee took the oath of implementing Uniform Civil Code and make a transition from Directive principles to Applicable Public Laws which was already existing under the Draft Article 35 (Article 44, Indian constitution 1950).
During recent decades, the UCC issue has been raised from time to time mostly by Sangh Parivar, Leftist parties and feminists. The BJP was the first party to promise UCC if elected into power. 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. Origin of UCC: The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
Increase in legislations dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941. The task of the Hindu Law Committee was to examine the question of the necessity of common Hindu laws. The Committee, in accordance with scriptures, recommended a codified Hindu law, which would give equal rights to women. The 1937 Act was reviewed and the committee recommended a civil code of marriage and succession for Hindus. 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.
The agenda has been taken up by BJP, especially since the Shah Bano controversy in 1985 (Shah Bano demanded alimony after divorce from husband as she was unable to findsp herself; the court ruled in her favour citing the need for UCC under article 44). The case was significant as the Indian Supreme Court ruling overturned Muslim claims that he husband has no responsibility to the divorced wife after the iddat period is over. The controversial Shah Bano case became a nationwide political issue.
On 14 June 2023, Indian 22nd Law Commission has sought suggestions on UCC Under article 44 of the Indian Constitution. It talks about the implementation of a Uniform Civil Code throughout the territory of India. It aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law and others. The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
For BJP, it has been a priority agenda item in Parliament since 2016. They’re proactively advocating UCC, which is yet another ploy by the BJP to target minority communities and further their Hindutva agenda. This is the same party which is leading the call to construct Ayodhya Temple and abrogation of article 370 of the Indian Constitution. According to BBC, the UCC law would mean that all personal religious laws would be kept at bay and a uniform personal law governing areas of marriage, divorce, inheritance etc, would be formulated. AAP, Trinamool Congress (Mamta Banerjee) & Religious Sikh parties oppose UCC as an interference in religious matters. Its implementation is being opposed by a number of groups, including the Nagaland Bar Association and the Muslim community. The All-India Muslim Personal Law Board has also boycotted the Law Commission’s questionnaire on the UCC.
Veerappa Moily, Indian Law Minister has said, “It is impossible to implement UCC in a multi-cultural, multi-racial and multi- dimensional country like India”. It will lead to marginalization and discrimination. The abysmal track record of minority rights under BJP led government is an endorsement of the fact that UCC will be used to infringe on minority rights, erase their identity and enforce Hindu dominant laws/way of life.
—The writer has remained associated with the Institute for Strategic Studies and ISPR.
Email: tasneemshafiq96@gmail.com
