Last Updated: 06 Jan 2024
The UCC aims to establish a common code of personal laws for people of all religions, addressing aspects such as inheritance, marriage, divorce, child custody, and alimony
UCC gets AAP's "In-Principle" nod, with insistance on a wider democratic constulation, taking along all communities
Did you Know? Goa already has a UCC law implemented
-- Details later in the article
Given the diversity of personal laws among various communities. there are the fears of minority communities regarding UCC as detailed later
- In principle, AAP supports the need for UCC
- AAP insists that the UCC have
- An inclusive shape, based on widespread, consensus-building consultations across the nation, following the democratic principles laid down by Dr. BR Ambedkar
- The reform must uphold principles of equality, non-discrimination, and religious freedom
- Without any concrete draft proposal, the party prefers to abstain from commenting on any rumoured provisions of UCC
Besides being a constitutional aspiration, UCC has been requested by the Supreme Court and the Law Commission
Dr. B.R. Ambedkar stated that the UCC could be implemented voluntarily and not forced upon the people
- Part IV of the Indian Constitution deals with the Directive Principles of State Policy, including Article 44, which mentions the need for a UCC
- The Supreme Court has supported the UCC in various cases, emphasizing national integration and the importance of a socially conducive climate for its implementation
- The Supreme Court in various Judgements has emphasized the need for a Uniform Civil Code (UCC) and urged political leaders to lead the reforms
- The Law Commission of India issued a consultation paper in 2018, advocating for family law reforms across religions and stressing the need for a UCC
The biggest challenge for the UCC is of balancing uniformity in laws with the preservation of distinct cultural and religious identities
Below are some examples of unique points from various communities:
- Constituent Assembly: In 1948, there was a debate on the UCC with resistance from both Muslim as well as Hindutva proponents. Many of the issues remain the same, for example:
- Muslim community: The UCC is perceived by some as an attack on their identity and the responsibility lies with the government to ensure their safety
-- The fear that legal uniformity would erase or diminish the Islamic identity has been pushed in the Muslim community, leading to resistance to legislative changes
-- The Shariat, based on the Quran and Hadith, governs Islamic society, and the Muslim Personal Law (Shariat) Act was introduced in 1937
-- The Muslim Personal Law Act of 1937, with amendments, united Muslims across the subcontinent but also legitimized practices like polygamy and arbitrary divorce
- Hindutva fanatics, while being proponents of UCC, oppose Dalit entry into temples and inter-caste marriages, while advocating for Islamic law reform
- Sikh religious practices: The Anand Marriage Act of 1909 provides legal validation to marriages conducted according to Sikh religious practices; no separate registration is needed under law. Besides simplifying the process, the Act serves as an affirmation of Sikh identity and cultural practices, recognizing the distinct nature of Sikh weddings.
- Adivasis, spread across various states in India, have their unique customs, traditions, and laws, particularly in areas like Jharkhand, Chhattisgarh, Odisha, and parts of Northeast India. These customs govern various aspects of their lives, including marriage, inheritance, and social interactions. A couple examples below:
- In states like Jharkhand and Chhattisgarh, Adivasi communities follow unique inheritance patterns, where land and property are often inherited through the female line, differing significantly from mainstream Hindu laws
- Marriage customs among tribes like the Santhals and Gonds are distinct, with rituals and practices not recognized under mainstream personal laws
- Northeastern states, the Constitution provides special provisions under Articles 371 and 372, recognizing their unique social and customary practices. They have concerns about UCC implementation infringe uponing these constitutional safeguards Couple examples:
- In Mizoram, for example, marriage and divorce fall under the purview of Mizo customary laws, which differ significantly from mainstream Hindu or Islamic laws.
- The tribal councils in states like Nagaland exercise significant autonomy in matters of personal law, which could be challenged by the UCC.
- Goa already has a UCC which follows the Portuguese Civil Code of 1867. However, it has several non-uniformities or exceptions, reflecting the state's historical and cultural influences. For example:
- It has the concept of 'Communion of Assets' that occurs upon marriage. This means that all assets, with some exceptions, owned by the spouses before and acquired after the marriage are automatically shared.
- Long-term cohabitation in Goa is recognized to have legal implications similar to marriage.
- Several exceptions are outlined for Catholics, Muslims and Hindus.
The Congress and BJP continue to prioritize political gains over the important issue of the UCC
- Congress aims to gain minority votes and exploit the UCC issue for political gain. Hours after AAP made this statement IndiaToday reported that “Sources in the Congress party confirmed that it will not lose the opportunity to get the minority votes back.”. Both the Congress and BJP are towing communal narratives and playing politics over the UCC
- The Congress and BJP are prioritizing electoral considerations over meaningful reforms, while a delicate balance between uniformity and respect for cultural and religious practices is needed
- Political leaders should approach the UCC issue with sensitivity and prioritize the interests of India over their political fortunes
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