Independence Day 2024: Prime Minister Narendra Modi | Credit: X
Prime Minister Narendra Modi made a compelling case for the introduction of a Uniform Civil Code (UCC) in India. He criticized the current civil code as ‘communal’ and advocated a secular alternative.
During his Independence Day address from the Red Fort, the Prime Minister said, “The Supreme Court has repeatedly discussed the Uniform Civil Code and issued guidelines on several occasions.”
He stressed that the current civil code is divisive, noting: “Many people in the country – and this is true – believe that the civil code that we are currently following is in fact a communal code.”
The prime minister pointed out that citizens have been governed by a common civil code for 75 years. He underlined the need for a secular civil code to eliminate religious discrimination.
“It is of utmost importance that we introduce a secular civil code in the country… only then can we eliminate discrimination based on religion,” he said.
What is the Uniform Civil Code (UCC)?
The Uniform Civil Code (UCC) proposes a common set of laws for all citizens, irrespective of their religion, covering matters such as marriage, divorce, inheritance, succession and adoption. The aim is to have secular laws that supersede religious laws in these areas. Currently, the UCC has been implemented only in Goa, while a bill is under consideration in Uttarakhand.
Is the UCC part of the Indian Constitution?
Yes, the Uniform Civil Code is mentioned in Part IV of the Constitution, which states that the government “shall endeavour to secure to the citizens a uniform civil law throughout the territory of India.” The framers of the Constitution envisioned a uniform set of laws that would replace the personal laws of each religion in matters such as marriage, divorce, inheritance and adoption. UCC is part of the Directive Principles of State Policy, which are not enforceable by law but are fundamental to the governance of the country.
What are the debates surrounding the UCC?
It has been noted that while India has uniformity in most criminal and civil laws such as the Code of Criminal Procedure, the Code of Civil Procedure and the Contract Act, states have made over 100 amendments to the CrPC and IPC, as well as several amendments to civil laws. For example, BJP-ruled states have reduced the fines imposed by the Centre under the amended Motor Vehicles Act. Another example is the variation in anticipatory bail laws across states.
What is the opinion of the experts?
Experts argue that the idea of “one country, one law” is difficult to apply to the diverse personal laws of different communities, given the existing plurality in codified civil and criminal laws.
In addition, constitutional law experts suggest that the framers of the Constitution may not have intended to create complete uniformity, as personal laws were placed in Item 5 of the Concurrent List, allowing both parliament and state assemblies to legislate on them.
Given the codified personal laws of various communities in India, it is clear that not all Hindus are governed by a uniform personal law, even after the enactment of the Hindu Code Bill. Similarly, Muslims and Christians have their own personal laws. The Hindu Code Bill, originally designed to address issues such as inheritance, succession rights and divorce, was strongly opposed by conservative groups. As a result, the law was amended in the 1950s and divided into four separate acts: the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act and the Hindu Adoptions and Maintenance Act.
What has the Supreme Court said about the UCC?
The Supreme Court has called for the implementation of the UCC in several judgments. In the 1985 case of Mohd. Ahmed Khan vs Shah Bano Begum, in which a divorced Muslim woman claimed maintenance from her ex-husband, the Court stressed the need for a UCC in deciding whether the CrPC or the Muslim personal law should prevail.
The Court also urged the government to apply the UCC in the 1995 case of Sarla Mudgal and the 2019 case of Paulo Coutinho v Maria Luiza Valentina Pereira.
What did the Law Commission say?
In 2016, the Modi government asked the Law Commission of India to explore how a code could be developed, given the country’s “thousands of personal laws”. The Law Commission’s 2018 consultation paper on family law reforms said that a united nation does not necessarily require “uniformity” and that secularism should not conflict with the country’s diversity.
The report stated that UCC was “neither necessary nor desirable at this stage” and recommended that discriminatory practices within personal law be studied and amended.
The Commission suggested certain reforms in marriage and divorce laws that should be applied uniformly across religions, including fixing the age of marriage for boys and girls at 18, making adultery a ground for divorce for both sexes and simplifying the divorce process. The Commission also recommended abolishing the Hindu Undivided Family (HUF) as a tax-free entity.
First publication: Aug 15, 2024 | 12:44 PM IST