Editor,
The uniform civil code (UCC) in India arises out of Article 44 of the Indian Constitution, which states, “The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
In the language of the common man, Article 44 empowers the state to formulate and implement laws which will be applicable to all citizens equally, irrespective of their religion, gender, caste, creed, and sexual orientation.
Need for UCC
The Law Commission Report, 2018, stated “various aspects of prevailing personal laws disprivileged women.”
Thus, the UCC aims at bringing forth laws that will be applicable to all citizens, ensuring a sense of uniformity and unity among diverse communities. This will also help in promoting equality to women, which is not ensured under certain personal laws.
Law Commission Report, 2018
In 2018, the Law Commission submitted a 185-page consultation paper on the reform of family law, which stated that a UCC “is neither necessary nor desirable at this stage.” The report suggested a range of amendments to the existing family laws and also suggested codification of certain aspects of personal laws, so as to limit the ambiguity in interpretation and application of these personal laws.
The report urged that the legislature should first consider guaranteeing equality within communities between men and women, rather than equality between communities. This way, some of the differences within personal laws which are meaningful can be preserved and inequality can be weeded out to the greatest extent possible without absolute uniformity.
UCC and Arunachal
Arunachal Pradesh is a state of diverse cultures and traditions, and home to more than 25 tribes and 100 sub-tribes which are governed by their own personal laws in terms of marriage and inheritance.
The system of polygamy marriage is considered valid in some of the tribes and the family laws are generally inclined to the patriarchal system, giving room to inequality against the women of the state. The personal laws of some tribes also disentitle an Arunachali female from buying land within the state if she marries someone who is not an Arunachali. Some of the personal laws also do not provide the right to daughters in the inheritance of ancestral property as it is given under the Hindu laws.
If a UCC is implemented in the state, these prejudices against women in the state can be deemed to be solved with regard to marriage and inheritance. However, such implementation of a UCC in the state will be a threat to the culture and traditions of the tribal people and their identity, which is already being affected by the influence of westernisation.
Uttarakhand UCC and tribals
On 7 February, 2024, the Uttarakhand assembly became the first state to pass a UCC bill.
The bill proposes common rules on marriage, divorce, inheritance of property, and live-in relationships for all citizens, irrespective of their religion.
However, it is notable that the bill excluded the scheduled tribes from its ambit. This very exclusion of STs from the UCC bill has raised hopes in the tribal and minority communities throughout the country that even if a UCC is implemented in the country, it will exclude the tribal and minority communities from its ambit.
Exclusion or inclusion of tribals and minorities
It is feared by the minorities and tribal communities that the implementation of a UCC will dilute their personal and religious laws and they will be forced to comply with the practice of the majorities.
It is contended that the Preamble of the Indian Constitution declares itself to be a secular country. However, such implementation will be a threat to the spirit of the Constitution itself.
It is also contended that the doctrine of reasonable classification and intelligible differentia can very well be applied by the legislature while implementing a UCC, in order to exclude tribal and other minority communities from the ambit of a UCC.
However, on the contrary, it is contended that if such reasonable classification and intelligible differentia is applied, it will destroy the main objective of a UCC, which aims at bringing uniformity of laws for all citizens.
It is also contended that if one group/community is excluded, then others will come and ask for the exemption too, thus resulting in unnecessary compilation of petitions and appeals in the courts of the country.
Conclusion:
This very implementation of a UCC in the country in itself is debatable and the idea of exclusion of tribals or certain minority communities has given rise to significant concerns and sparked widespread discussions.
The legislature, keeping in mind the Law Commission Report, 2018, should not be in haste in implementing a UCC but should instead focus on amending and codifying the personal laws that bring inequalities within the communities themselves.
Minem Gahja