India needs Uniform Civil Code

Uniform Civil Code

Uniform civil code (UCC) in India has been in the debate since the making of our constitution. During the sessions of constituent assembly, many advocated for the establishment of UCC, and many opposed it also on the ground of different religious laws for different religion.

But at that time due to the complexities of societies of a newborn nation, our constitution framers left it to the future successors to implement it when time comes. Now the time has arrived to establish the UCC.

Article 44 of the Indian Constitution under directive principles of state policies explicitly says that "The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." But UCC has not been the reality yet after 68 years of constitution. Now the time has come to move towards it.

In a secular republic like India, there should be no place of religious laws governing the state's citizens. In the 21st century every country shall move away from customary practices which have deprived many communities like LGBT, Women and Lower Castes for years.

Every country shall move towards rationality and modernity in relation to laws. In addition UCC will ensure gender equality, equality before law and will bring marginalised communities into the mainstream. UCC will pave the way for national integration and will provide a progressive path to some communities who have been neglected for years.

In the past many Supreme Court rulings have advocated for the set up of UCC. In fact SC has also directed the Parliament to frame UCC. But successive governments at the centre have neglected it for years.

Looking at the Shah Bano case (1985) where the SC ruled in favour of the victim who won the right to alimony from her husband. The SC cited section 125 of Code of Procedure(CrPC) while delivering the judgement which applies to everyone irrespective of caste, creed or religion.

But in the later year parliament of India passed an act titled The Muslim Women (Protection of rights on Divorce) Act 1986 which diluted the SC's ruling. 

It was a classic example of how Political Parties across India have bowed down to religious orthodoxy in the past. The Muslim communities alleged that the SC judgement was against the Islamic law who cited their own personal laws according to Qur'an. 

Many such examples of personal laws prevail in India like the Hindu Marriage Act, Hindu Succession Act, etc. These personal laws in many angles have kept India backward since Independence.

But UCC should not be implemented suddenly rather it should be introduced gradually so that it will not disturb the social fabric of the nation. No law could be forced upon on citizens which are alien to the customary practices and religious rules of the people. In the end the change should come from within the society.