The Uniform Civil Code is back in the news again. On Tuesday, the All India Muslim Personal Law Board (AIMPLB) called attempts by various state governments and the Centre to introduce a Uniform Civil Code in India “an unconstitutional and anti-minorities move”.
The Muslim law board’s comment came a day after Uttarakhand Chief Minister Pushkar Singh Dhami said that his government was preparing the first draft of a Uniform Civil Code to be implemented in the state. Before the Uttarakhand Assembly election, Dhami had said that a UCC would be implemented in the state if BJP is voted back to power and his government now seems to be working on its promise.
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But what is a Uniform Civil Code? Will Uttarakhand be the first state to introduce a UCC? Which other states are planning to bring in a UCC? How will it affect the citizens of India and why is there so much opposition to it? India Today dives deep into the issue and tries to explain it.
WHAT IS A UNIFORM CIVIL CODE?
The Uniform Civil Code, which comes under Article 44 of the Constitution of India, proposes to introduce personal laws that would apply to all citizens equally, irrespective of their religion, gender, caste, etc.
Uniform Civil Code essentially refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession.
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Article 44 states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. However, since the article comes under the directive principles of state policy, they are regarded as only guidelines and it is not mandatory to use them.
At present, the personal laws of various communities are largely governed by their religion.
UNIFORM CIVIL CODE VS PERSONAL LAWS
Personal laws are those that govern people based on their religion, caste, faith, and beliefs. These laws are made after due consideration of customs and religious texts. These laws distinctly mention the rules pertaining to marriage, divorce, maintenance, adoption, co-parenting, inheritance, succession, the partition of family property, guardianship, wills, gifts, charitable donations, etc.
Personal laws of both Hindus and Muslims are based on their religious texts and scriptures.
Hindu personal law is based on ancient texts like Vedas, Smritis, and Upanishads and modern concepts of justice, equality, conscience etc.
Muslim personal law is primarily based on the Quran and Sunnah (which pertains to the sayings of Prophet Mohammad and his way of life). Apart from Quran, Ijma (consensus among the learned Muslim jurists on legal issues) and Qiyas (analogical deduction) are also regarded as sources for Muslim personal law.
Similarly, Christian personal law is based on scriptures (Bible), traditions, reason, and experience.
The introduction of a UCC is likely to annul all such codified laws and bring in a law that would be common to all citizens. Moreover, personal laws are often conflicting and contradictory and are not uniformly applied across courts and regions. The introduction of the UCC also seeks to resolve this problem.
UNIFORM CIVIL CODE IN INDIA
The idea of a Uniform Civil Code has been present in some form in India since British rule. However, although the British wanted the codification of various laws related to crime, contracts, evidence etc, they wanted to keep the personal laws of the Hindus and the Muslims separate as part of their divide-and-rule policy.
The Shah Bano case of 1985 was a landmark judgment as it showed the progressive character of Muslim women and other sections of Muslim society while highlighting their plight and challenging religious orthodoxy. It led to the passage of The Muslim Women (Protection of Rights on Divorce) Act, 1986, nullifying the Supreme Court order. The act stipulated maintenance to a divorced woman only during the period of iddat, or till 90 days after the divorce, according to the provisions of Islamic law.
This highlighted the dominance of political populism over equality, human rights and social justice.
The enactment of a Uniform Civil Code has been on the BJP’s agenda for a long time. It was one of the key poll planks of the saffron party under Atal Bihari Vajpayee during the 1998 elections — the others being the abrogation of Article 370 and construction of the Ram Mandir in Ayodhya. With the latter two ticked off, the BJP is sure to focus on bringing in the common law in India. In fact, the party included the implementation of the UCC in its election manifesto for the 2019 General Elections.
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WHY THE OPPOSITION TO A UNIFORM LAW?
In October 2015, the Supreme Court said that a Uniform Civil Code is essential in the country. It said, “This [separate laws for different communities] cannot be accepted. Otherwise, every religion will say it has a right to decide various issues as a matter of its personal law. We don’t agree with this at all. It has to be done through a decree of a court.”
In 2016, AIMIM leader Asaduddin Owaisi said: “Uniform Civil Code (UCC) is not merely a Muslim issue. It’s an issue which will be opposed by the Northeast, especially Nagaland and Mizoram.” Explaining Owaisi’s stand, Gauhati High Court advocate Bandan Kumar Kar said: “Owaisi could have been speaking about the possible change in tribal laws in the Northeast if a Uniform Civil Code. Of India’s 8-10 crore tribal population, around 12% lives in the Northeast. These various tribes follow their own laws based on their customs.”
“For example, in Meghalaya, a matrilineal society, property succession and marriage laws are governed by their traditional and customary procedures. Similarly, tribals in other Northeastern states have their distinct laws. Therefore, UCC may create some sort of dissatisfaction in the Northeastern region,” Kar said.
“However, Justice YV Chandrachud observed in the Shah Bano case, 1985, that a ‘common civil code will help the cause of national integration by removing desperate loyalties to laws that have conflicting ideologies’,” Kar said
Speaking about AIMPLB’s opposition, Supreme Court lawyer Pravir Choudhury said: “AIMPLB’s stand is not right. At present, Muslim Personal Law deprives women of various rights like that of succession and equal/fair rights in marriage and divorce. Of course, certa