If the Uniform Civil Code comes into force, separate personal laws governing marriages, divorce, and inheritance of Hindus, Muslims, Sikhs, Parsis, and other communities will become ineffective.
The Uniform Civil Code (UCC) is back in the spotlight after Prime Minister Narendra Modi endorsed it while talking to booth-level workers of the Bharatiya Janata Party (BJP) in Madhya Pradesh on Tuesday. In what is seen as the first public push for the UCC by the PM, he said that the country cannot have separate laws for its people.
Modi’s speech has not gone down well with certain minority communities and a few Opposition parties. The All India Muslim Personal Law Board (AIMPLB) held an online emergency meeting to oppose the proposed implementation of the common law.
We take a look at how the implementation of UCC will affect personal laws in the country.
The Uniform Civil Code (UCC) is the proposal to have one law for the entire country, which will apply to all religious communities in personal matters such as marriage, divorce, inheritance, succession, custody, and adoption. Currently, in India, each religion has varied stipulations. Hindus have their own laws on marriage, inheritance, etc, which differ from Muslims, Christians, and Parsis. However, the UCC aims to change that.
The UCC finds a mention in the Constitution. Article 44 of the Constitution — one of the Directive Principles of State Policy — lays down that the State shall “endeavor to secure for citizens a Uniform Civil Code throughout the territory of India”.
While the vision of common law was enshrined in the Indian Constitution as a goal the nation should strive for, it is not a fundamental right or Constitutional guarantee.
What did the PM say about UCC?
The Bharatiya Janata Party (BJP) has been a big backer of the UCC and has included it in every manifesto since 1998. Several states ruled by the saffron party like Uttarakhand, Uttar Pradesh, Gujarat, Haryana, Madhya Pradesh, and Assam have promised to introduce the common law. Now PM has publicly backed it and the matter is likely to become the forefront of the party’s campaign for the 2024 Lok Sabha elections.
Addressing booth-level workers at the BJP event called “Mera Booth, Sabse Mazboot” in Madhya Pradesh, Modi said that the country should not have different laws for different categories. “In a home, can there be one law for one member and another member? Will that home be able to function? Then how will the country function with a dual system… Let us remember that the Constitution recommends uniform all for all citizens,” he added.
This is the first time Modi has publicly advocated for the UCC since coming to power in 2014.
The PM also said that the Opposition was trying to “instigate” Muslims on the issue of the UCC. “If they genuinely cared about the welfare of Muslims, then most families, my Muslim brothers, and sisters would not lag behind in education and employment, and they would not be forced to live a life of hardships. The Supreme Court has repeatedly says bring a Uniform Civil Code. But people hungry for vote-bank politics are the ones causing difficulties for our marginalized Muslim brothers and sisters,” he said.
The PM’s speech comes days after the Law Commission sought views from the public and religious organizations on the politically sensitive matter. On 14 June, the Centre’s panel said that those interested and willing can present their views within 30 days.
Why is the Muslim law board against UCC?
The PM’s speech prompted the Muslim law board to hold a meeting to discuss the UCC. However, it denied that there was a connection between Modi’s address and their huddle.
AIMPLB decided late Tuesday that it would oppose “tooth and nail” any move to bring in common law in the country.
Maulana Khalid Rasheed Farangi Mahali, chairman of the Islamic Centre of India and member of AIMPLB, told Hindustan Times (HT) that the AIMPLB was “chalking out a strategy to counter the proposed move of the government by presenting our view in front of the law commission more powerfully”. He said that the UCC would not only affect Muslims but also Hindus, Sikhs, Christians, Jains, Jews, Parsis, and other minorities in the country.
“India is a country where language changes every 100 km. So, how can we have the same set of rules for all communities? Every community has a different way of praying, performing rituals, and conducting ceremonies like marriage. The freedom to practice one’s own faith and way of life is granted to everyone by the Constitution,” Khalid told HT.
How will the UCC affect religious communities?
The UCC would streamline laws related to marriage, divorce, adoption, inheritance, succession, and guardianship.
If the UCC is introduced existing laws like the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Muslim Personal Law Application Act (1937), will technically be dissolved.
The Supreme Court has in the past supported the introduction of the UCC. In August 2017, the top court declared talaq-e-bidder (instant or triple talaq) illegal, and in July 2019, Parliament passed a law making it an offense punishable by three years of imprisonment.
The most landmark ruling was in the Shah Bano case in 1985 when the SC upheld the right of a Muslim woman seeking alimony. The judgment snowballed into a political controversy and the extent to which courts can intervene in Muslim personal laws, according to a report by The Indian Express. However, the ruling was undone by Parliament.
While triple talaq is banned, practices such as contract marriage (mutah), short-term marriage to another man in case of divorce (Nikah halala), and renunciation of marital rights like living together (misyar marriage) and polygamy are allowed under Islamic law. These are likely to become ineffective if the UCC is implemented.
The Hindu Succession Act will also be affected. The law around succession currently recognizes the family members of the husband as primary heirs of the deceased wife, with the wife’s parents and siblings considered secondary heirs. This has been challenged in the top court with a petition seeking to remove the discrimination between heirs of men and women. The Law Commission has in the past sought reforms of inheritance laws among Hindus.
Marriage laws that govern the Sikh are covered by the Anand Marriage Act of 1909. However, there is no provision for divorce. Sikh separations are then governed by the Hindu Marriage Act, but if UCC is introduced a common law is likely to apply to all communities.
The laws of adoption also vary in communities. Parsis do not recognize the rights of adoptive daughters while an adopted son can only perform the last rites of the father. They do not have the right of inheritance, according to a report in India Today.
The guardianship and custody laws for all religions will be common if the UCC is introduced.
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