Uniform Civil Code
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The Uniform Civil Code is a proposal in India to formulate and implement
Personal laws were first framed during the
UCC emerged as a crucial topic of interest in Indian politics following the
On 7 February 2024, The
History
British India (1858–1947)
The Lex Loci Report of October 1840 emphasised the importance and necessity of uniformity in
Throughout the country, there was a variation in preference for scriptural or customary laws because in many Hindu and Muslim communities, these were sometimes at conflict;
The Muslim Personal law (based on
Legislative reforms
Certain Hindu customs prevalent at the time discriminated against women by depriving them of inheritance, remarriage and divorce. Their condition, especially that of
There were law reforms passed which were beneficial to women like the
The call for equal rights for women was only at its initial stages in India at that time and the reluctance of the British government further deterred the passing of such reforms. The All India Women's Conference (AIWC) expressed its disappointment with the male-dominated legislature and Lakshmi Menon said in an AIWC conference in 1933,[19] "If we are to seek divorce in court, we are to state that we are not Hindus, and are not guided by Hindu law. The members in the Legislative assembly who are men will not help us in bringing any drastic changes which will be of benefit to us." The women's organisations demanded a uniform civil code to replace the existing personal laws, basing it on the Karachi Congress resolution which guaranteed gender-equality.[19]
The passing of the Hindu Women's right to Property Act of 1937, also known as the Deshmukh bill, led to the formation of the
The Special Marriage Act, which gave the Indian citizens an option of a civil marriage, was first enacted in 1872. It had a limited application because it required those involved to renounce their religion and was applicable mostly to non-Hindus. The later Special Marriage (Amendment) Act, 1923 permitted Hindus, Buddhists, Sikhs and Jains to marry either under their personal law or under the act without renouncing their religion as well as retaining their succession rights.[21]
Post-colonial (1947–1985)
Hindu Code Bill and addition to the Directive Principles
The Indian Parliament discussed the report of the Hindu law committee during the 1948–1951 and 1951–1954 sessions. The first Prime Minister of the
The Hindu bill itself received much criticism and the main provisions opposed were those concerning monogamy, divorce, abolition of
Thus, a lesser version of this bill was passed by the parliament in 1956, in the form of four separate acts, the
Later years and Special Marriage Act
The Hindu code bill failed to control the prevalent gender discrimination. The law on divorce were framed giving both partners equal voice but majority of its implementation involved those initiated by men. Since the Act applied only to Hindus, women from the other communities remained subordinated. For instance, Muslim women, under the Muslim Personal Law, could not inherit agricultural land.[28] Nehru accepted that the bill was not complete and perfect, but was cautious about implementing drastic changes which could stir up specific communities. He agreed that it lacked any substantial reforms but felt it was an "outstanding achievement" of his time.[25] He had a significant role in getting the Hindu Code bill passed and laid down women-equality as an ideal to be pursued in Indian politics, which was eventually accepted by the previous critics of the bill.[25] Uniform civil code, for him, was a necessity for the whole country but he did not want it to forced upon any community, especially if they were not ready for such a reform. According to him, such a lack of uniformity was preferable since it would be ineffective if implemented. Thus, his vision of family law uniformity was not applied and was added to the Directive principles of the Constitution.[25]
The Special Marriage Act, 1954, provides a form of civil marriage to any citizen irrespective of religion, thus permitting any Indian to have their marriage outside the realm of any specific religious personal law.[21] The law applied to all of India, except Jammu and Kashmir. In many respects, the act was almost identical to the Hindu Marriage Act of 1955, which gives some idea as to how secularised the law regarding Hindus had become. The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law. Under this act polygamy was illegal, and inheritance and succession would be governed by the Indian Succession Act, rather than the respective Muslim Personal Law. Divorce also would be governed by the secular law, and maintenance of a divorced wife would be along the lines set down in the civil law.[29]
Significance of Shah Bano case
After the passing of the Hindu Code bill, the personal laws in India had two major areas of application: the common Indian citizens and the
The Shah Bano case soon became nationwide political issue and a widely debated controversy.[30] Many conditions, like the Supreme court's recommendation, made her case have such public and political interest. After the 1984 anti-Sikh riots, minorities in India, with Muslims being the largest, felt threatened with the need to safeguard their culture.[30] The All India Muslim Board defended the application of their laws and supported the Muslim conservatives who accused the government of promoting Hindu dominance over every Indian citizen at the expense of minorities. The Criminal Code was seen as a threat to the Muslim Personal Law, which they considered their cultural identity.[16] According to them, the judiciary recommending a uniform civil code was evidence that Hindu values would be imposed over every Indian.[16]
The orthodox Muslims felt that their communal identity was at stake if their personal laws were governed by the judiciary.[16] Rajiv Gandhi's Congress government, which previously had the support of Muslim minorities, lost the local elections in December 1985 because of its endorsement of the Supreme Court's decision.[32] The members of the Muslim board, including Khan, started a campaign for complete autonomy in their personal laws. It soon reached a national level, by consulting legislators, ministers and journalists. The press played a considerable role in sensationalizing this incident.[16]
An independent Muslim
The politicisation led to argument having two major sides: the Congress and Muslim conservatives versus the Hindus, Sikhs, Jains, Buddhists, Parsis, and the Left. In 1987, the Minister of Social Welfare,
Current status and opinions
Definition of the proposal
UCC is meant to replace various laws currently applicable to different communities which are inconsistent with each other. These laws include the
The proposals in UCC include monogamy, equal rights for son and daughter over inheritance of paternal property, and gender and religion neutral laws with regards to will, charity, divinity, guardianship and sharing of custody. These proposals may not result in much difference to the status of Hindu society, as they have already been applicable on Hindus through the Hindu Code Bills for decades.[33]
Points of view
The debate for a uniform civil code, with its diverse implications and concerning
India is a 'secular' nation which means a separation between religion and state matters. However, 'secularism' in India is defined as equality of all religions and practitioners of all religions before the law. Currently, with a mix of different civil codes, citizens are treated differently by law and by courts based on their religion. The rights of Hindu women are far more progressive (and constitutional, by virtue of being gender-neutral and secular) than those of Muslim women, who are governed by Muslim Personal Law, which is based on the Sharia law.[citation needed]
Women's rights groups have said the issue of a uniform civil code is only based on the rights and security of women, irrespective of its politicisation.[34] The arguments for it are: its mention in Article 44 of the Constitution, need for strengthening the unity and integrity of the country, rejection of different laws for different communities, importance for gender equality, and reforming the archaic personal laws of Muslims—which allow unilateral divorce and polygamy. India is thus among the
The Indian state of Goa abides by Goa Civil Code. It is a set of civil laws, originally the
Sikhs and Buddhists objected to the wording of Article 25 which terms them as Hindus with personal laws being applied to them.[36] However, this article also guarantees the right of the members of the Sikh faith to bear a Kirpan.[37]
In October 2015, the Supreme Court of India asserted the need for a uniform civil code and said: "This cannot be accepted, otherwise every religion will say it has a right to decide various issues as a matter of its personal law. We don't agree with this at all. It has to be done through a decree of a court".[38] On 30 November 2016, British Indian intellectual Tufail Ahmad unveiled a 12-point draft proposal, citing no effort by the government since 1950. The Law Commission of India stated on August 31, 2018, that a uniform civil code is "neither necessary nor desirable at this stage" in a 185-page consultation paper, adding that secularism cannot contradict the plurality prevalent in the country.[39][40] On June 14, 2023, the 22nd Law Commission of India requested input from religious organizations and the general public regarding the matter of implementing a Uniform Civil Code (UCC). According to a notification released by the commission, individuals who are interested and willing can express their opinions within a 30-day time frame.[41]
Indian society in pre-independence era had many other considerations like socio-economic status, jati and gotra etc. in case of marriages. While the Hindu Code Bills and other Acts wiped out all such practices in Hindu, Jains, Sikh, Buddhist, Parsi and Christian communities, some conservative sections of these communities had been demanding amendments to their Marriage Acts.[42]
Critics of UCC continue to oppose it as a threat to religious freedom. They consider the abolition of religious laws to be against secularism, and the UCC as a means for BJP to target Muslims under the pretense of progressivism. However, BJP members state that they promote UCC as a means of achieving religious equality and equal rights for women by fending off unfair religious laws.[43][44]
Legal expert and rights groups suggest amending gender discriminatory laws, rather than implementing a uniform civil code. An example of such a law is Protection of Women from Domestic Violence Act, 2005 which applies to women of all communities without the need for a uniform civil code.[5]
On 17 July 2023, Justice Krishna Murari, who recently concluded his tenure in the Supreme Court of India, said that "uniformity in anyway is beneficial", but before the implementation of the Uniform Civil Code, extensive deliberations and consultations, on a large scale, with the general public should take place.[45]
Legal status and prospects
UCC had been included in BJP's manifesto for the
A plea was filed in the Delhi High Court which sought establishment of a judicial commission or a high level expert committee to direct the central government to prepare a draft of UCC in three months. In April 2021, a request was filed to transfer the plea to the Supreme Court so that filing of more such pleas throughout various high courts doesn't bring inconsistency throughout India. The draft would further be published on the website for 60 days to facilitate extensive public debate and feedback.[33]
Reactions
Many political parties, ranging from opposition parties to the BJP's own allies in the NDA, have objected to calls for a uniform civil code by the BJP.[49][7] Furthermore, the idea of the UCC has been opposed by many NGOs and organizations.
A group from Nagaland warned that it will burn the houses of all the 60 legislators in the state if the UCC gets implemented in the state. The Nagaland Transparency, Public Rights Advocacy and Direct-Action Organisation opposed the idea of the UCC, saying it will erode local customs and traditions of tribes. The Hynniewtrep Youth Council from the state of Meghalaya said they will request the Law Commission not to implement the UCC.[50]
See also
- All India Muslim Personal Law Board
- Hindu code bills
- Religious law
- Family law
- Secularism in India
- Sharia
References
- Citations
- ^ a b Anand, Utkarsh (15 March 2021). "Has the Supreme Court set the ball rolling for a Uniform Civil Code?". Hindustan Times. Retrieved 21 April 2021.
- ISBN 978-0-19-807712-1. Retrieved 22 August 2020.
- ^ "Article 44 in the Constitution of India 1949". Indian Kanoon. Retrieved 22 August 2020.
- ISBN 0-19-568014-6.
- ^ a b Dasgupta, Sravasti (6 July 2023). "BJP Equates UCC With Gender Justice. But Can It End Discrimination In-Built in Personal Laws?". The Wire. New Delhi. Retrieved 6 July 2023.
- ^ a b Ramchandran, Smriti Kak (6 August 2020). "BJP, RSS hope for consensus on Uniform Civil Code". The Hindu. Retrieved 22 August 2020.
- ^ a b Dasgupta, Sravasti (3 July 2023). "NDA Partners from Northeast Oppose BJP's Push for Uniform Civil Code". The Wire. Retrieved 6 July 2023.
- ^ Staff, The Wire (27 June 2023). "In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement'". The Wire. New Delhi. Archived from the original on 15 July 2023. Retrieved 16 July 2023.
- ^ Staff, The Wire (27 June 2023). "In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement'". The Wire. Retrieved 16 July 2023.
- ^ "Uniform Civil Code bill passed in Uttarakhand assembly". Hindustan Times. Retrieved 7 February 2024.
- ISBN 978-81-7017-183-6. Archivedfrom the original on 17 February 2017. Retrieved 26 September 2016.
- ^ a b Sarkar & Sarkar 2008, p. 2–3.
- ^ Chavan & Kidwai 2006, p. 66–67.
- ^ a b c Sarkar & Sarkar 2008, p. 263.
- ^ a b Sarkar & Sarkar 2008, p. 93.
- ^ a b c d e f g Lawrence & Karim 2007, p. 262–264.
- ^ a b c Chavan & Kidwai 2006, p. 87–88.
- ^ Chavan & Kidwai 2006, p. 94–100.
- ^ a b c d e Chavan & Kidwai 2006, p. 83–86.
- ^ Samaddar 2005, p. 50–51.
- ^ ISBN 978-81-7100-592-5.
- ^ a b Chavan & Kidwai 2006, p. 90, 94–100.
- ^ Jaffrelot, Christophe (14 August 2003). "Ambedkar And The Uniform Civil Code". Outlook India. Archived from the original on 14 April 2016. Retrieved 29 March 2016.
- ^ Pathak, Vikas (1 December 2015). "Ambedkar favoured common civil code". The Hindu. Archived from the original on 28 November 2016. Retrieved 29 March 2016.
- ^ a b c d e Sarkar & Sarkar 2008, p. 480–491.
- JSTOR 312925.
- ^ Purandare, Vaibhav (8 September 2017). "How Muslim fears were allayed, and the UCC became a directive principle". The Times of India. Archived from the original on 11 September 2017. Retrieved 13 September 2017.
- ^ a b c Samaddar 2005, p. 56–59.
- ^ "The Special Marriage Act, 1954". indiakanoon.org. Archived from the original on 21 July 2020. Retrieved 16 September 2020.
- ^ a b c Lawrence & Karim 2007, p. 265–267.
- ^ "Law Commission seeks public, religious bodies' views on Uniform Civil Code". 15 June 2023.
- ^ a b c d e Samaddar 2005, p. 60–63.
- ^ a b Ojha, Drishti (11 April 2021). "Plea In Supreme Court Seeks Transfer Of Plea For Uniform Civil Code From Delhi High Court To SC". LiveLaw. Retrieved 21 April 2021.
- ^ a b c d e f g h Chavan & Kidwai 2006, p. 13–20.
- ^ "Call to implement Goan model of civil code". New Indian Express. 15 May 2012. Archived from the original on 8 May 2014. Retrieved 22 October 2013.
- ISBN 978-1-134-72229-7. Archivedfrom the original on 13 May 2016. Retrieved 16 September 2015.
- ^ The Constitution of India, Right to Freedom of religion, Article 25 (PDF), archived from the original (PDF) on 21 June 2014
- ^ Anand, Utkarsh (13 October 2015), Uniform Civil Code: There's total confusion, why can't it be done, SC asks govt, New Delhi: The Indian Express, archived from the original on 15 October 2015, retrieved 13 October 2015
- ^ "Muslim intellectual proposes a revolutionary Uniform Civil Code". The Statesman. IANS. 30 November 2016. Archived from the original on 1 December 2016. Retrieved 30 November 2016.
- ^ Ahmad, Tufail (30 November 2016). "My blueprint for the Uniform Civil Code". DailyO. Archived from the original on 30 November 2016. Retrieved 30 November 2016.
- ^ "Law Commission seeks views on Uniform Civil Code: What is the UCC and the debate around it". 18 June 2023.
- ^ Anand, Hardik (28 May 2018). "Amend Hindu Marriage Act to ban same-gotra marriages: Khaps". Hindustan Times. Retrieved 13 August 2021.
- ^ "Uniform Civil Code: Another nail in the coffin to satisfy the facade of party manifesto". India Legal. 23 July 2020. Retrieved 14 September 2020.
- ^ a b Jigeesh, AM (6 December 2019). "After objections, BJP member withdraws Bill for UCC". The Hindu Business Line. Retrieved 22 August 2020.
- ^ "Uniformity is Good but Uniform Civil Code Needs Large-Scale Consultations: Ex-SC Judge Murari". 17 July 2023.
- ^ Chari, Seshadri (16 August 2019). "Modi govt has been working for a Uniform Civil Code and we didn't even notice. Until now". The Print. Retrieved 22 August 2020.
- ^ Joy, Shemin (13 March 2020). "BJP MP once again does not introduce Uniform Civil Code Bill". New Delhi: Deccan Herald. Retrieved 14 September 2020.
- ^ Sharma, Vibha (6 August 2020). "UCC next on Modi govt agenda?". The Tribune. Retrieved 22 August 2020.
- ^ "'Meant to Distract People': Opposition Parties on PM Modi's Uniform Civil Code Pitch". The Wire. 28 June 2023. Archived from the original on 15 July 2023. Retrieved 16 July 2023.
- ^ "Protests against UCC build up in three northeastern States". The Hindu. Guwahati. 2 July 2023. Archived from the original on 15 July 2023. Retrieved 16 July 2023.
- Bibliography
- Chavan, Nandini; Kidwai, Qutub Jehan (2006). Personal Law Reforms and Gender Empowerment: A Debate on Uniform Civil Code. Hope India Publications. ISBN 978-81-7871-079-2.
- Sarkar, Sumit; Sarkar, Tanika (2008). Women and Social Reform in Modern India: A Reader. Indiana University Press. ISBN 978-0-253-22049-3.
- Samaddar, Ranabir (2005). The Politics of Autonomy: Indian Experiences. SAGE Publications. ISBN 978-0-7619-3453-0.
- Larson, Gerald James, ed. (2001), Religion and Personal Law in Secular India: A Call to Judgment, Indiana University Press, ISBN 0-253-21480-7
- Lawrence, Bruce B; Karim, Aisha (2007). On Violence: A Reader. Duke University Press. ISBN 978-0-8223-9016-9.
Further reading
- ISBN 978-8-19001-993-4
- Jaffrelot, Christophe (7 August 2003). "Nehru and the Hindu Code Bill". Outlook.
External links
- "Muslim women fight instant divorce" from BBC
- "So Do We Want A UCC?" article by Dilip D'Souza from Outlook
- "Law Commission's report on uniform civil code not before 2018" article by Jatin Gandhi from Hindustan Times