 "Narendra Modi, India PM, Independence Day")
Independence Day 2024: Prime Minister Narendra Modi | Credit: X
Prime Minister Narendra Modi made a compelling argument for the adoption of a Uniform Civil Code (UCC) in India, criticising the current civil code as “communal” and advocating for a secular alternative.
During his Independence Day speech from the Red Fort, the PM said, “The Supreme Court has repeatedly discussed the Uniform Civil Code and issued directives multiple times.”
He emphasised that the existing civil code is divisive, noting, “Many people in the country –and it is true — believe that the Civil Code we currently follow is, in fact, a communal one.”
The Prime Minister pointed out that citizens have been governed by a communal civil code for 75 years. He underscored the need for a secular civil code to eliminate religious discrimination.
“It is imperative that we establish a Secular Civil Code in the country… only then can we eliminate discrimination based on religion,” he said.
What is Uniform Civil Code (UCC)?
The Uniform Civil Code (UCC) proposes a common set of laws for all citizens, regardless of their religion, covering matters such as marriage, divorce, inheritance, succession, and adoption. The goal is to have secular laws that override religious laws in these areas. Currently, the UCC is only implemented 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 for the citizens a uniform civil code throughout the territory of India.” The framers of the Constitution envisioned a uniform set of laws that would replace the personal laws of every 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 country’s governance.
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 Criminal Procedure Code, Civil Procedure Code, and the Contract Act, states have made over 100 amendments to the CrPC and IPC, as well as several changes to civil laws. For example, BJP-ruled states reduced fines imposed by the Centre under the amended Motor Vehicles Act. Another instance is the variation in anticipatory bail laws across states.
What are the experts’ opinions?
Experts argue that given the existing plurality in codified civil and criminal laws, the idea of ‘one nation, one law’ may be challenging to apply to the diverse personal laws of various communities.
Additionally, constitutional law experts suggest that the framers of the Constitution may not have intended complete uniformity, as personal laws were placed in entry 5 of the Concurrent List, allowing both Parliament and State Assemblies to legislate on them.
Considering the codified personal laws of different communities in India, it is evident that not all Hindus are governed by a uniform personal law, even after the Hindu Code Bill’s enactment. Similarly, Muslims and Christians have their own personal laws. The Hindu Code Bill, initially designed to address issues like inheritance, succession rights, and divorce, faced strong opposition from conservative groups. As a result, it was amended 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—in the 1950s.
What has the Supreme Court said about the UCC?
The Supreme Court has called for the implementation of the UCC in several judgments. In 1985 Mohd. Ahmed Khan vs Shah Bano Begum case, where a divorced Muslim woman sought maintenance from her ex-husband, the Court highlighted the need for a UCC while deciding whether the CrPC or Muslim personal law should prevail.
The Court also urged the government to implement the UCC in the 1995 Sarla Mudgal case and the 2019 Paulo Coutinho vs Maria Luiza Valentina Pereira case.
What has the Law Commission said?
In 2016, the Modi government asked the Law Commission of India to explore how to develop a code given the “thousands of personal laws” in the country. The Law Commission’s 2018 consultation paper on family law reform stated that a unified nation does not necessarily require “uniformity” and that secularism should not conflict with the country’s diversity.
The report suggested that UCC “is neither necessary nor desirable at this stage” and recommended studying and amending discriminatory practices within personal laws.
The Commission proposed certain reforms in marriage and divorce laws that should be uniformly applied across religions, including setting the marriageable age for boys and girls at 18 years, making adultery a ground for divorce for both genders, and simplifying the divorce process. It also recommended abolishing the Hindu Undivided Family (HUF) as a tax-exempt entity.
First Published: Aug 15 2024 | 12:44 PM IST
