Uniform Civil Code: Neither Necessary Nor Desirable

The Seventh Schedule of the Constitution provides that both the Centre and state legislatures can legislate on matters pertaining to family laws. In pursuance of this power, on February 7, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill, becoming the first legislature in independent India to pass a law that proposes common rules on marriage, divorce, inheritance of property, and live-in relationships for all citizens, irrespective of their religion.

The recent passage of the Uniform Civil Code (UCC) Bill by the Uttarakhand Assembly has ignited concerns that other states may follow suit, potentially paving the way for a nationwide implementation. The fear looms that the central government might also consider enacting UCC legislation. It’s crucial to initiate a timely discussion on the feasibility of the UCC in India.

India, known for its rich diversity and cultural tapestry, has always grappled with the idea of implementing a Uniform Civil Code (UCC) in post-independence era. The UCC proposes a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, irrespective of an individual’s religious affiliation. While the concept may seem appealing from a standpoint of equality and secularism, the intricate social fabric and unique historical context of India present significant challenges that make the implementation of a UCC infeasible.

While proponents argue that it would promote equality and secularism, a closer examination reveals that the introduction of a UCC could have disastrous consequences for the nation. The complexities of India’s diverse society, the potential erosion of minority rights, and the threat to social harmony are just a few reasons why the adoption of a UCC should be approached with extreme caution.

India is a mosaic of various cultures, religions, and ethnicities, each with its distinct set of customs, traditions, and personal laws. The Constitution of India recognizes the diversity and grants religious communities the right to govern their personal affairs. Attempting to impose a uniform code across such a vast and heterogeneous population would be an affront to the principles of pluralism and secularism upon which the nation is founded.

India is a land of diverse religions and cultures, each with its unique set of personal laws. Introducing a UCC would necessitate the imposition of a uniform set of laws that will potentially erode the rights of religious minorities. Personal laws are deeply ingrained in religious customs and beliefs, and any attempt to subsume them under a common code will infringe upon the rights of individuals to practice their religion freely. Preserving the rights and autonomy of religious minorities is crucial for maintaining a pluralistic and inclusive society.

The Indian Constitution provides religious communities with the freedom to manage their religious and personal affairs. Article 25 guarantees the right to practice and propagate religion, while Article 26 recognizes the right of every religious denomination to manage its own affairs. The Constitutional framers, while aiming for a secular nation, deemed it necessary to accommodate diverse religious practices and personal laws. Any attempt to enforce a UCC would require significant amendments to the Constitution, which could undermine the delicate balance between individual rights and state intervention.

Though the Supreme Court In various judgments has called for the implementation of a UCC, but a 185page report published in 2018 by the Law Commission clearly said that a UCC “is neither necessary nor desirable at this stage”,

The introduction of a UCC would be met with resistance from various religious communities, resulting in heightened social tensions and divisions. India’s cultural and religious fabric is intertwined with personal laws that have evolved over centuries, reflecting the customs and traditions of different communities. Forcing a common code upon these communities disregards their unique identities and can lead to cultural homogenization. Respecting and preserving the cultural and religious sensitivities of all citizens is essential for maintaining social harmony.

History has shown that attempts to tamper with personal laws can ignite widespread protests and social unrest. Very rightly terming the prospect of Uniform Civil Code difficult to implement, in 2017 former Law Commission Chairman Justice Balbir Singh Chauhan said “UCC is not possible and not even an option”.

Uttrakhand Uniform Civil Code (UCC) Bill, which created more confusion than solutions, made it clear that implementing a UCC requires a comprehensive understanding of various personal laws and extensive legal reforms. The existing personal laws in India are deeply rooted in religious texts, customs, and traditions, developed and refined over centuries. Harmonizing these diverse laws into a single code would be a herculean task, fraught with practical difficulties.

And lets’ not forget India faces several pressing challenges that warrant immediate attention, including poverty, illiteracy, healthcare, and gender inequality. Redirecting resources and energy towards implementing a UCC is nothing but diverting attention from more urgent social and economic issues. India’s strength lies in its diversity, and any attempt to impose a UCC risks undermining this diversity and fracturing the social fabric of the nation.

Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer Ummar Jamal studies law at Kashmir University and is National General Secretary of J&K Students Association. He tweets at ummar_jamal and can be reached at umarjamal968@gmail.com