With UCC Back in News Here’s What You Need to Know About It.
The Uniform Civil Code is on the news again. Recently,
the All India Muslim Personal Law Board (AIMPLB) has described the attempts by
various state governments and the Centre to implement a Uniform Civil Code in
India as “an unconstitutional and anti-minorities move”.
The Muslim law boards said that a day after
Uttarakhand Chief Minister Pushkar Singh Dhami said that his government was
drafting the first part of a Uniform Civil Code to be implemented in the state.
Before the Uttarakhand Assembly election was held, Dhami had promised that a
UCC would be implemented in the state if BJP came back in power and looks like
his government is delivering on the promise.
But what is UCC? Will Uttarakhand be the first state
to introduce the code? Which other states are planning to do the same? How will
it impact the citizens of India and why is there so much opposition to it? Let’s
take a look at it.
WHAT IS A UNIFORM CIVIL CODE?
The Uniform Civil Code comes under Article 44 of the
Constitution of India, which recommends introducing personal laws that would be
applicable to all citizens equally, irrespective of their religion, gender,
caste, etc.
Uniform Civil Code will be a common set of laws that
will govern personal matters regarding marriage, divorce, adoption,
inheritance, and succession.
Article 44 states, “The State shall endeavour to
secure for the citizens a uniform civil code throughout the territory of
India”. However, the article is under the directive principles of state policy,
and they are only seen as guidelines and it is not necessary to use them.
Currently, the personal laws of various religious
groups are largely governed by their religion.
UNIFORM CIVIL CODE VS PERSONAL LAWS
Personal laws are governed based on people’s religion,
caste, faith, and beliefs. These laws have been drafted considering customs and
religious texts. These laws pertain to marriage, divorce, maintenance,
adoption, co-parenting, inheritance, succession, the division of family
property, guardianship, wills, gifts, charitable donations, etc.
Personal laws of both Hindus and Muslims are drafted
on the basis of religious texts and scriptures.
Hindu personal law is the basis of ancient scriptures such
as Vedas, Smritis, and Upanishads and modern concepts of justice, equality,
conscience etc.
Muslim personal law is based on the Quran and Sunnah
(which contains the sayings of Prophet Mohammad and his way of life). Apart
from Quran, Ijma which is a consensus among the Muslim jurists on legal issues
and Qiyas (analogical deduction) are also the sources for Muslim personal law.
And, Christian personal law is based on Bible,
traditions, reason, and experience.
With the introduction of UCC, it is likely that these
personal laws will be annulled and brought into a law that would be common to all
citizens. As these personal laws are conflicted and contradictory and are not
uniformly applied across courts and regions, the introduction of the UCC will likely
resolve this problem.
UNIFORM CIVIL CODE IN INDIA
The idea of a Uniform Civil Code has been around in
some form in India since the British colonial rule. Although the British wanted
the systematization of various laws related to crime, contracts, evidence etc.,
they were of the view that the personal laws of the Hindus and the Muslims remain
separate as part of their divide-and-rule policy.
The Shah Bano case of 1985 was a landmark judgment for
Muslim women as it showed progression and also highlighted their plight and challenged
religious orthodoxy. It led to the way of the Muslim Women (Protection of
Rights on Divorce) Act, 1986, which nullified the Supreme Court order. The act required
to give maintenance to a divorced woman during the period of iddat, or till 90
days after the divorce, in accordance with Islamic law.
This case highlighted the domination of political appeasement
over equality, human rights and social justice.
The implementation of the Uniform Civil Code has been
on the BJP’s radar for a long time. It was one of the key points of the saffron
party under the leadership of Atal Bihari Vajpayee during the 1998 elections
while the others were repealing Article 370 and the construction of Ram Mandir
in Ayodhya. With BJP delivered on its latter two points, the BJP is now focusing
on bringing a common law in India. In fact, the party included the UCC in its election
manifesto for the 2019 General Elections.
WHY THE OPPOSITION TO A UNIFORM LAW?
In October 2015, the Supreme Court stated that a
Uniform Civil Code is important in the country. It said, "The separate
laws for different communities cannot be accepted. Otherwise, every religion
will think they have the right to decide on various issues as a matter of its
personal law. We don’t approve of this at all. It has to be done through a verdict
of a court."
In 2016, AIMIM leader Asaduddin Owaisi commented that “Uniform
Civil Code (UCC) is not only a Muslim issue. It's an issue which will also face
opposition from certain Northeast states, especially Nagaland and Mizoram.”
Explaining Owaisi’s stand, Bandan Kumar Kar a Gauhati High Court advocate said:
“Owaisi could have been talking about the possible change in the tribal laws’ community
in the Northeast if a Uniform Civil Code is implemented. Out of India’s 8-10
crore tribal population, around 12% live in the Northeast. These various
tribes have their own laws according to their customs.”
“For instance, in Meghalaya, there is a matriarchal society
which governs the property succession and marriage laws by their traditions and
customs. Similarly, there are tribes in other Northeastern states that have
their own laws. Therefore, UCC may be dissatisfactory in the Northeastern
region,” Kar said.
“But Justice YV Chandrachud has observed in the 1985 Shah
Bano case that ‘common civil code will help in national integration by removing
personal laws that have conflicting ideologies’,” Kar said
Speaking about AIMPLB’s opposition, Supreme Court
lawyer Pravir Choudhury said: “AIMPLB’s opposition of the code is not right. Currently,
Muslim Personal Law deprives women of various rights like succession
and equal rights in marriage and divorce. It is obvious, that certain Maulavis
(Islamic scholars) would oppose the implementation of this code as it would
reduce their power.”
Choudhury stated that “In Hinduism, various social
evils, such as Sati, have been abolished. Equality for the right to property
was brought in for women. But in Islam, there are no such rights of women and
law favours men.”
Explaining his stand, Choudhury gave an example of
Muslim women and how the division of property is unfair. The division favours men
at a 2:1 ratio. In cases like divorce, Muslim women will get equal rights as
Hindu women if UCC is implemented. The Muslim Personal Law, which is partially
on the basis of the Sharia law of Islam, permits polygamy. This will also be
abolished.”
WILL UTTARKHAND BE THE FIRST STATE TO BRING IN UCC?
As suggested by some Uttarkhand may not be the first
state to implement a Uniform Civil Code. Goa already has a version which can be
implied as UCC. In fact, it is the only state in India that has a common law
for all its citizens irrespective of their religion.
The state follows a Portuguese Civil Code, 1867, which
is in accordance with Section 5 of The Goa, Daman and Diu (Administration) Act,
1962. The Act states that: “All laws in force immediately before the appointed
day in Goa, Daman and Diu or any part thereof shall continue to be in force
therein until amended or repealed by a competent Legislature or other competent
authority.” Since no major changes were made since Goa got its liberation from
the Portuguese in 1961, the state has continued to follow a common law as per
the Portuguese Civil Code.
WHICH STATES ARE PLANNING TO IMPLEMENT UCC?
Apart from Uttarakhand, Uttar Pradesh and Himachal
Pradesh other BJP-ruled states are looking to bring in common law for citizens.
UTTAR PRADESH
Uttar Pradesh Deputy Chief Minister Keshav Prasad
Maurya said that the state was planning to implement a Uniform Civil Code. “One
law for everyone in one country is required. It is high time that we get out of
the system of one law for one person and another for others. We are in favour
of implementing a common civil code,” he had said.
HIMACHAL PRADESH
Himachal Pradesh Chief Minister Jairam Thakur has said
that his government is looking to implement the Uniform Civil Code in the
state. He said that his government will examine all the points about the UCC
before taking a final decision.
MADHYA PRADESH
Senior BJP leader Rajya Sabha MP Ajay Pratap Singh
has recently urged Madhya Pradesh Chief Minister Shivraj Singh Chouhan to form
a panel that would help in implementing a Uniform Civil Code.