India and Uniform Civil Code

One Rule for all, why delay the Uniform Civil Code?

What is the Uniform civil code?

It means that all the nation's citizens, irrespective of their caste, race, religion or gender will be governed by the same set of laws made by the government. BR Ambedkar Inspired by the idea of uniformity in western law sought to implement the same in India. He put a discussion on the Uniform Civil Code in the Constituent Assembly but the members challenged the concept of a Uniform Civil Code on the grounds of India's cultural and religious diversity and claimed Uniform Civil Code was a threat to Articles 25 (Freedom of conscience and free profession, practice, and propagation of religion) & Article 26 (Right to manage their own affairs in matters of religion). Therefore, Uniform Civil Code was made a Directive principle of state policy (Article 44 of the Indian Constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.).

Very recently Uttarakhand state government had set up an expert panel headed by Rajana Desai (former Judge) for Uniform Civil Code implementation. At present Goa is the only Indian state to have a Uniform Civil Code, based on the Portuguese Civil Code of 1867, and introduced to Goa in 1870. Goa Common Family law bounds Hindus, Muslims, and Christians to the same law related to marriage, divorce and succession.

Uniform Civil Code vs Secularism

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC"

This is an extract from the preamble of the Indian Constitution.

A secular state will not intervene with the customs and rituals of any religion, nor will it have a religion of its own. Whereas on the other hand, the very idea of a Uniform Civil Code is to enforce law irrespective of religion, caste, birth, sex or tribe. How do we make two heterogeneous concepts coexist? The answer is simply understanding the nature of secularism allowed by the Indian Constitution. Indian constitution introduces "Positive Secularism", which separates one's faith and spiritualism from the public order. India is home to most religions, therefore, to protect this beauty in diversity Indian constitution-makers added Articles 25 and 26 and ensured the Right to freedom of religion to all, nationals and aliens alike, but subjected to public order and peace. Uniform Civil Code only ensures equality for each citizen of India and is not meant to oppose the secular nature of our nation nor to interfere with the traditions and customs.

Uniform Civil Code vs Personal Laws

Personal laws like the Christian marriage act, Indian Separation act, Indian Progression Act and many more on the one hand give a false sense of secularism and personal freedom to each citizen according to their religion, on the other hand, the very same personal laws are being used to oppress the minority groups majority of which are women.

Most famous of all is the Shah Bano case(1985), which debated the Muslim personal laws. In the case Bano sought maintenance from her husband who had divorced her after 40 years of marriage by pronouncing 'Talaaq' thrice, she was granted an inheritance from the local court and later challenged in the supreme court. This case is considered a prime illustration of how personal laws are a tool to oppress, exploit and undermine the minority and those who lack knowledge of their rights.

Only those who had abused and twisted personal laws to get their way and gain a false sense of superiority by undermining others resist the implementation of the Uniform Civil Code

Conclusion to India and Uniform Civil Code

The Uniform Civil Code is a concept that can revolutionise entire societies and even nations in a blink but can cause unprecedented destruction and violence as well. In a world where wars are raging in the name of religion, innocents are murdered in honour of caste and youths are being radicalised only to harm other's religion and place of worship, implementation of the Uniform Civil Code seems like a pipe dream. 

Even though it truly brings out the meaning of the word 'Secular State', it is not worth it if that state itself is engulfed in rage and violence. Maybe not today or in a decade, but people will realise the importance of the Uniform Civil Code.