The topic of implementing a Uniform Civil Code, as mentioned in the Directive Principles of State Policy in the Constitution of India, has recently sparked intense debate. There is a view that the ball was set rolling by Prime Minister Narendra Modi on June 27, 2023 in Bhopal, emphasising the necessity of a UCC. The issue has gained further significance as the 22nd Law Commission has invited public and religious organisations to share their perspectives on the UCC within a month.
Codification Of Diverse Indian Laws
- The initiative to codify Indian laws, especially concerning crimes, evidence, and contracts, originated from the British government in 1835.
- The personal laws of Hindus and Muslims are derived from their own ancient religious texts.
- The 1835 report recommended not codifying the personal laws of Hindus and Muslims.
- Due to the existence of numerous legislations related to personal laws, the British colonial government appointed the B.N. Rau Committee to codify Hindu laws.
- The committee notably didn’t modify Muslim personal laws or tribal laws.
- Before British rule, India had numerous law systems.
- The British government aimed to create a uniform law, with the Indian Penal Code of 1860 being a prime example.
- Some Muslim personal laws were codified, as seen in the Muslim Personal Law (Shariat) Application Act of 1937 and the Dissolution of Muslim Marriages Act, 1939.
- The British government had to proceed with caution and wisdom, considering the potential political and social impacts of such actions.
Constituent Assembly Discussions On Uniform Civil Code
- The Constituent Assembly’s discussions presented different viewpoints about implementing a Uniform Civil Code (UCC).
- Some members, like Begum Aizaz Rasul, emphasised the importance of respecting the rights of minorities and accommodating all communities’ religious beliefs and traditions.
- T. Prakasam endorsed the UCC proposal while stressing the need to respect religious autonomy. He suggested addressing gender disparities by respecting cultural and religious diversity.
- After the gender quota was accepted in 1992, Prakasam’s suggestion took on new significance.
- Kamalapati Tripathi warned of potential conflicts emerging from abolishing personal laws. He, along with Alladi Krishnaswami Ayyar, advocated for addressing gender inequalities and fostering social harmony.
- Mahavir Tyagi agreed with Tripathi and highlighted the need for careful consideration when reforming personal laws.
- The overall consensus from the debates appeared to favour a cautious, gradual approach towards implementing the UCC.
- Most members advocated reforming existing legal systems in the interest of gender justice and national unity.
- Opponents, however, argued for the preservation of religious autonomy, minority rights, and cultural traditions.
UCC And Religious And Cultural Autonomy
- The key lesson from the debates in the Constituent Assembly is that an attempt to uniformise any aspect of law having a bearing on social life needs to be made cautiously and gradually.
- The Supreme Court advocated for a Uniform Civil Code (UCC) in the Shah Bano case to promote gender equality and minimise religious influence in public life.
- However, the UCC topic is sensitive as it can make minority communities feel insecure.
- A core aspect of democratic values is the religious and cultural freedom of individuals.
- The rights of minorities are central to modern democratic philosophy and effective governance.
- Our economic growth, being one of the fastest in the world, requires social and political stability.
- Implementing a UCC without a consensus could endanger social harmony and disrupt stability.
- Such disruptions could negatively affect the economy, political environment, and society.
Way Forward
- The topic of the Uniform Civil Code (UCC) deserves careful thought.
- Experts from various stakeholders should collaborate to create a draft code on UCC. This draft should be circulated in the public domain to gather public feedback.
- After incorporating public opinion, the code should be revised and presented again for final approval.
- A national campaign, using various methods, is crucial for stirring national consciousness towards this subject.
- Trust and understanding should be fostered amongst all parties before embarking on such a significant project like the UCC.
- It is important to take into account the observations and deliberations from the Constituent Assembly.
(Note: This Indian polity note is based on the article titled “Slow and steady”, published in The Telegraph.)
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