AUTHOR: GAURI RANA, GAUTAM BUDDHA UNIVERSITY

Assume or imagine that you live in a house, where it has many rooms people living in each room are having different rules for living, for example: having different timings for meals, having different ways of how to dress up, and even they may also have different definitions of what is right and what is wrong. This seems very chaotic. Now imagine a nation with this same assumption. This is the concept where debate of Uniform Civil Code (UCC) begins- a call for “one law for one nation”. The Uniform Civil Code has been a long debated issue in India. Article 44 of Indian Constitution directs the state for implementing a UCC to ensure uniform personal laws for all citizens irrespective of religion, caste or tribe. India which is having a vibrant diversity, is having one common criminal law but multiple personal laws based on religion. These civil laws deal with personal matters like marriage, divorce, adoption, inheritance and succession. After seven decades of independence, UCC remains an unfulfilled promise for all. This patchwork of laws also leads to inequality, conflict and confusion.

So here the question arises- Is it the final time for India to have a Uniform Civil Code? 

The Article 44 under Indian Constitution talks about the responsibility of a State to work towards a UCC. The main idea is to replace personal religious laws with a single, and adopt a set of secularism laws that applies equally to every citizen of the country.  It seems to be a noble idea, but like most of the noble ideas, it is complicated. 

Why UCC the Need of the Hour?

Equality should not be selective

Equality before Law- In India different religious communities follow their own rules or personal laws in matters like marriage, divorce, inheritance, and adoption. Hindus are mainly governed by Hindu Marriage Act, Hindu Succession Act, etc. Muslims follow a Sharia based personal law. Christians and Parsis have their separate codes of marriage, divorce, etc.

Uniformity brings fairness- plain and simple.

Gender Justice isn’t Optional

Many personal laws related to marriage, divorce and maintenance are used to discriminate against women and favor men over women. The Shah Bano case of 1985 screamed this truth. The UCC promises to level the playing field- not just legally but also socially. 

True Secularism Begins with Uniformity

As we know India is a secular country, but yet some personal laws are religion based. By a common code true secularism could be promoted, where laws are not influenced by any religion. But being secular doesn’t only mean to treat all religions equally- it means keeping all religions out of laws that may govern personal relationships.

One country, one law- isn’t that true secularism?

Unity in Diversity, Not Division in Diversity

Diversity which is a wide variety of something, which should be a strength not an excuse for fragmented or to disintegrate justice. A Uniform Civil Code may bring a clarity, unity and simplicity for the personal law system in India. 

• Then Why the Hesitation?

• Religious Identity Fear 

Many minority communities within the country think that UCC is a threat to their religious identity and traditions.

Political Hot Potato

As we know, India is a democratic country, where every political party wants to win or rule the state. So the political parties may often avoid the issues because of fearing loss of votes from the specific communities.

Implementation Nightmare

As we know India is an incredibly diverse country, by not only religions but also through its culture and traditions and has differences in personal laws. One-size-fits-all may not work properly in this concept. Which means making one law that fits all seems to be impossible.

There’s an interesting fact that Goa already follows a kind of UCC which is known as Goa Civil Code. It may not seem to be perfect but it’s working for people. And it shows that India doesn’t have to transform or redesign the wheel- India only needs the courage to roll it forward. 

• Judicial Views

The Honourable Supreme Court of India is having several cases like Shah Bano Case (1985)- which recognized a Muslim woman’s right to maintenance under Section 125 CrPC, reinforcing that personal laws cannot quash or withdraw constitutional rights to equality. Sarla Mudgal Case (1995)- This case highlighted the misuse of religious conversion for polygamy which means changing one’s religion just to take advantage of that religion’s personal laws regarding marriage, especially for marrying more than one person. The honourable Supreme Court ruled it unlawful. It strongly advocated for the implementation of a Uniform Civil Code to ensure justice and equality within the society.

The Uniform Civil Code shouldn’t be seen as a war against religion but should be seen as a step ahead or towards equal citizenship.  This process must include moderate, advisory or consultative and inclusive of all communities’ views.

After the critical thinking and overview of this topic, YES, UCC is the need of the hour. But its implementation must be sensitive, gradual and inclusive. Rather than imposing it suddenly or unexpectedly, the government should be engaged in public views or consultations and should ensure that the code reflects India’s pluralism while uploading constitutional values of justice, equality and secularism within the country.

Do we want a nation to be divided by its personal laws, or do we dare to become a nation which is united by the equal rights of all?

UCC is not just a legal debate- It’s a question for India’s soul. Isn’t this the time to choose fairness over fear?

Hence, in the end I would like to say that, UCC is not just a legal need; it is a moral need within the country. And yes, the time is now.