The Elephant in the Room

The Past

The buzz surrounding the Uniform Civil Code (UCC) did not start recently but has a long history dating back to the colonial era. Initially, the purpose of the UCC was to bring uniformity to penal laws rather than personal laws. However, views on the applicability and functionality of the UCC have changed since independence, giving rise to numerous questions. Many scholars believed that in a pluralistic country like India, implementing a UCC would be impractical. Throughout history, whenever a discussion on the UCC arose, the government tended to push it through without extensive deliberation. Another concern related to the UCC was whether it should be included in Part III or Part IV of the Constitution. Ultimately, it was decided that the UCC should fall under the Directive Principles of State Policy and not under fundamental rights. The word “Uniform Civil Code” is clearly included in Part IV, Article 44 of the Indian Constitution.

The Shah Bano case, filed in 1985, raised the issue of maintenance for divorced Muslim women and the need for a Uniform Civil Code. However, the enactment of the Muslim Women (Right to Protection on Divorce) Act in 1986 overturned the court's ruling, denying Muslim women their right to seek maintenance under the previous law. In a positive development, triple talaq was deemed unconstitutional and illegal in 2017, providing greater protection to Muslim women.

In Sarla Mudgal case the complexities surrounding bigamy and marriage-related disputes governed by personal laws were addressed. The court emphasized that a Hindu marriage, not being automatically void, would prohibit a second marriage after converting to Islam under the Indian Penal Code. This case emphasized the importance of clarity and consistency in addressing matters related to personal laws. The courts have long grappled with these challenges, seeking to ensure fairness and justice in resolving them.

The Present 

Currently, Goa is the only state in India with a Uniform Civil Code, based on the Portuguese civil code of 1867, later replaced in 1966. It encompasses laws on marriage, divorce, inheritance, etc., regardless of religious affiliation. Uttarakhand is now set to follow suit in implementing the UCC, with work already underway, while Gujarat has also formed a committee to explore its implementation.

Now, after many years, the spotlight has once again fallen on the UCC, with our Prime Minister stating that his government will soon implement it. 

The idea of a UCC implies that all individuals, irrespective of their gender, sexual orientation, or religious beliefs, would be governed by the same set of rules. Since personal laws often derive from religious texts and traditions, they tend to create divisions within society. To address this, a unified civil code aims to establish a single law that applies to everyone, irrespective of their community or religious affiliation which is transformative and futuristic. 

The Future 

The drafting process of the UCC is a matter of great significance and raises important questions. One key concern stems from the ruling party's inclination towards establishing a Hindu rashtra, a Hindu nation. This raises apprehensions about the potential influence of Hindu norms as the dominant foundation for the code. There is a legitimate worry that the personal laws included in the UCC could be heavily influenced by Hindu religious practices and beliefs, potentially disregarding the rights and interests of other religious communities.

Another important aspect is whether the ruling party will give priority to the diverse interests and needs of the entire population. It is uncertain whether they will approach the drafting of the UCC with an inclusive mindset, aiming to create a code that respects the rights and traditions of all religious groups and communities.

Personal Opinion and Conclusion 

Given that the Uniform Civil Code (UCC) has yet to be formalized into a draft or a formally written document, I prefer to remain agnostic on its implementation part. It would be unfair to make any comments without having adequate information about it. I express my strong support for removing anything or any norms that are anti women, patriarchal, or discriminatory in nature. Furthermore, I extend my full support in the idea of a Uniform Civil Code as long as it promotes progressive ideas and reforms that contribute to the overall well-being of everyone. 

As citizens, we will need to wait and see how the implementation of the Uniform Civil Code unfolds in our country where the topic of UCC is an elephant in the room.