Will the Uniform Civil Code destroy diversity in Indian society? How will the UCC help Indian citizens? Is Honest discussion possible?
Let’s be very honest in this matter, as it's a pretty sensitive political issue. Yes, I agree to the point where people with political-religious bias will find thoughts contradictory to their stereotypical psyche. I will be straightforward and rational rather than emotional in this subject, as it requires pragmatic analytical thinking.
I need to take a look at this subject from different angles, in terms of the legal system, classical justice, social order, and politics. I agree to the point where this reformation is going to create big ripples in civil society. Let’s learn it.
Background:
“ On June 27, Prime Minister Narendra Modi’s speech in poll-bound Madhya Pradesh thrust discussions about the Uniform Civil Code (UCC) into the spotlight, triggering nationwide debates on its potential implementation. Soon after, on July 8, Uttarakhand Chief Minister Pushkar Singh Dhami announced that the UCC would be enforced in the state once its draft committee submits the report.
Modi’s assertive stance on the UCC, as part of the 2024 general election campaign, reflects the longstanding agenda of the Bharatiya Janata Party (BJP) to implement the UCC and abolish personal laws concerning marriage, divorce, and succession.”
Reference: Uniform Civil Code: History, implications, and minority perspectives — Frontline (thehindu.com)
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UCC After BJP Returns To Power, Says Union Minister Piyush Goyal
“ Union minister and BJP’s candidate for Mumbai North Lok Sabha seat, Piyush Goyal, on Monday said his party will implement the Uniform Civil Code (UCC) after being elected for a third term. Speaking to reporters at the state BJP headquarters, Goyal said: “The BJP is determined to implement the UCC in the country. The Uttarakhand government has already worked on it.” On the opposition parties criticising the BJP’s manifesto, Goyal said, “It shows their defeatist mindset.
It is their routine work to keep criticising everything we do.” Prime Minister Narendra Modi has made some “impossible things possible”, the Rajya Sabha member said. “After a wait of 500 years, Ram Lalla has his own temple in Ayodhya. The BJP has a majority in Parliament, which we used for the abrogation of Article 370 [which provided special status to Jammu and Kashmir], ban on triple talaq and not for changing the Constitution,” the commerce minister added. “
Church vs. State — Separation:
Church and State is defined as a legal doctrine that provides for the separation of the State from religion in the United States. The doctrine is derived from the landmark US Supreme Court case Everson v. Board of Education, 330 U.S. 1.
In short, it means that religious leaders cannot use the government to impose their religious values on citizens. Conversely, it means that the government cannot use its power to force people to follow certain religious practices or compel them to hold certain religious beliefs. It also prevents religious discrimination by the government and prevents it from establishing a national religion. The belief in the separation of church and state did not originate in the United States. It was developed in Europe during the Enlightenment and espoused by a number of prominent thinkers, including John Locke and Voltaire.
In USA:
Thomas Jefferson and many of the other Founding Fathers were great admirers of Enlightenment philosophy and incorporated Enlightenment beliefs into the U.S. Constitution. Jefferson was himself a critic of Christianity and suspicious of religious authority. Another reason that the Founding Fathers wanted to create a secular government that separated church and state was that they lived in a religiously pluralistic society. They did not want to favor one religious’ group over another and wanted to avoid the kind of religious conflicts that had plagued Europe for centuries.
American differ as to the nature of the separation of church and state. Some believe that the First Amendment simply prohibits religious discrimination and prevents the U.S. from establishing a national church. Others go as far as to say that all elements of religion should be barred from use by the government, including Christmas displays.
In Europe:
In fact, the idea of separation of church and state probably came about because of the countless lives that were lost in Europe during the religious wars that plagued the continent during the 16th and 17th centuries. The Thirty Years War alone may have cost up to 8 million lives.
In India: Jawaharlal Nehru declared India a secular state in order to avoid Hindu nationalism and religious conflicts between Hinduism, Islam, Sikhism and other religions. Religious instructions are prohibited in schools wholly owned by the state.
As a result of such government power over religion, politicians are sometimes accused of playing vote bank politics, i.e. of giving political support to issues for the sole purpose of gaining the votes of members of a particular community, including religious communities. Both the Indian National Congress (INC) and the Bharatiya Janata Party (BJP) have been accused of exploiting the people by indulging in vote bank politics.
What is Uniform Civil Code?
Uniform Civil Code resonates with one country one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.
Why is it necessary?
The Uniform Civil Code refers to the demand and dispute that the existing personal law should be removed in such a way that it applies separately-specifically to each individual, in accordance with the major religious and caste differences in India, and a common personal law code should be applied to all Indians in the same way.
UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions.
Another case that sparked the need for a uniform civil code was Sarla Mudgal v. Union of India, in which the Supreme Court dealt with the issue of bigamy and conversion to Islam for the purpose of contracting a second marriage.
Shayara Bano v. Union of India (2017): The Supreme Court declared the practice of triple talaq as unconstitutional and violative of the dignity and equality of Muslim women. It also recommended that the Parliament should enact a law to regulate Muslim marriages and divorces.
Currently, not only Muslims but also Hindus, Jains, Buddhists, Sikhs, Parsis, and Jews are governed by their own personal laws. The reformed Hindu Personal Law still incorporates certain traditional practices. Differences arise when Hindus and Muslims marry under the Special Marriage Act, where Hindus continue to be governed by Hindu Personal Law, but Muslims are not.
There are so many cases pending in the Indian court system due to legal pluralism and an inefficient judicial system. Each case in such a category needs to be referred based on each community’s personal law and rights, and religious law makes things very complex. Cases get pending due to these huge inconveniences. Every time, advocates and judges have to refer to different personal law, customs, religious law, and community rights in order to make a verdict in each case. There is no standardized law that can be applied to all. Also, it becomes more complex in the cases of interfaith marriages and inter-caste marriages. So, UCC is necessary in the context. It would make the law more accessible and understandable for the common people.
What are the Advantages of UCC?
It ensures equality before the law irrespective of religion, caste, or gender, promoting the principles of justice and fairness. UCC fosters a sense of unity and national integration by eradicating legal disparities based on personal laws, thus promoting social harmony.
One of the significant benefits is the realm of gender equality. UCC can help abolish discriminatory practices prevalent in personal laws, providing women with equal rights in matters such as marriage, divorce, inheritance, and adoption.
Yes, it simplifies the legal system by replacing a complex web of personal laws with a single set of laws applicable to all citizens, reducing legal ambiguity and streamlining legal processes. UCC upholds the secular principles enshrined in the Constitution by dissociating laws from religious affiliations, ensuring the state does not interfere in personal religious matters.
In my view, implementing a UCC signifies a progressive outlook, aligning with contemporary values and global standards of human rights, thereby enhancing India’s standing in the international community. It facilitates the modernization of legal frameworks, bringing them in line with evolving societal norms and requirements, thus fostering a more dynamic and adaptable legal system.
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Does it affect the diversity of India?
Different regions in India often have their own customary practices and traditions, which may be reflected in personal laws. Implementing a UCC might encroach upon the autonomy of these regions to govern their own affairs according to their historical customs.
There may be resistance from certain segments of society, particularly those deeply attached to their religious or cultural practices. Some communities may perceive the imposition of a uniform code as a threat to their identity and autonomy.
In my opinion, the Uniform Civil Code don’t affect the diversity of the country but limit the power of religions and communities interfering the personal lives of citizen. In fact, UCC will liberate people from the clutches of different religious laws and customs.
India has historically accommodated legal pluralism, allowing different religious communities to govern certain personal matters according to their own laws. Introducing a UCC could potentially diminish this legal pluralism, which has been an integral aspect of India’s legal framework.
The practical implementation of a UCC would need to address the concerns and interests of diverse communities while ensuring equal treatment and protecting fundamental rights. This process would require careful deliberation, consensus-building, and sensitivity to the diverse needs and aspirations of India’s population.
Why are Some Religions leaders opposing it?
The proposal of the UCC has encountered resistance from orthodox Hindus, Muslims, Sikhs, and other minorities whose customs have remained untouched since the time of British rule. Even the framers of the Constitution, unable to resolve the conundrum it poses, prudently included it in the Directive Principles of State Policy (DPSP) rather than the Fundamental Rights.
Traditionally, the religions and Gotras dictate and control the culture of the society in India. They control your personal life, life stages and its order. It’s the cultural norms in the civil society. Priests, Imams, religious leaders and community leaders have greater influence and control over people’s personal life and matters. Its because each religion/Gotra have their own rights, laws and way of life.
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In my opinion, its absolute non-sense as we are living in a technologically-advanced world in which we are talking about humans migrating to Mars. The most modern society must be free of religious tribalistic cultural control over an individual’s personal life.
In India’s case, its country in which Rocket/Satellite scientists does Ayudaha Pooja before launching satellites and rockets. They even break coconuts, melons and light up agarbatties before satellite launch. I always wondered why scientists would do that. They are considered to be the most intelligent and brilliant minds in the country, but they do religious rituals before missile launches.
Yes, it’s even similar to Russian who does a blessing practice from Orthodox Bishops before going for battles or weapon testing. It’s the similar case with so many religious theocratic nations in this planet. You may consider this as an example of our fear of failure than embracing spirituality in the first place.
So, what I am trying to explain you is that religions and gotra culture influence even the top most brilliant folks in our country. They dictate your way of life with social norms.
Chalo, India must abandon the ancient ritual practices, irrational superstitious cultural norms if they want to evolve as a modern society in my opinion. For that, influence of religion and gotra in an average Indian citizen’s life must be limited. Uniform Civil code is a good step towards that.
Does this law discriminate against men?
Absolutely yes. Why do I think so?
You already know the law in India is not gender neutral. The Indian law is really discriminatory towards men as a gender in the circumstances of divorce, rape, molestation, and crime.
Laws in India are women-friendly, not justice-friendly. Laws are made to empower women; not to provide justice for all humans. The benefit of women is the first priority of the law, followed by justice. As per law, all men are rapists by default, including baby boys, until they prove their innocence. Proving innocence may take years and years, as laws are women friendly. Even if women complain about fake charges, there is no serious punishment for them; men have to go through trouble. This encourages women to file fake charges, as they get a lot of benefits from it.
So many women are misusing the law system’s loopholes and of course innocent men are suffering on a large scale in the country. Even if I look around my friend circle, known acquaintances, I see a lot of such cases with men being the real victims of the social injustice and misuse of Criminal and Civil Law.
Many of us are avoiding the traditional institution of marriage because we are aware of the presence of discriminatory law in the country to save ourselves from fake cases. In Western Countries it is called as MGTOW.
Starting off with 498A -. The families or the accused are immediately arrested because it is believed that they being out for any more time would allow them to kill/beat/etc. the complainant. I wonder and have always had if someone is in physical danger, you provide police protection till prima facie there is evidence of such danger or such harassment, you don’t go arresting according to the whims and fancies of individuals.
The victims of all these are underprivileged, innocent, and culturally civilised men. They suffer in silence, as even society doesn’t even help them. The suicide rate of men is higher than that of women in this country. The biggest contributors to male suicide are family problems, social pressure, followed by financial debt, unemployment, and diseases. There is no one talking about men’s rights in India, as society favours women more, which even creates a higher level of gender hate and separation between the population.
I understand that women face more physical and mental assaults in the underdeveloped states of India, where such laws may be required to control tribalistic discriminatory practices. But when it comes to fairly developed states like Kerala, Maharashtra, Karnataka, etc., it is being misused to a greater extent. These states witness higher divorce rates and related problems.
My point is simple, brothers, the law must consider the individual as an individual. The law should not discriminate between genders, and so many if and buts.
Uttarakhand’s Uniform Civil Code: Unifying laws or dividing communities?
As its preamble sets out, the Act is intended to govern and regulate laws relating to marriage and divorce, succession, live-in relationships, and related matters. However, adoption, maintenance, and guardianship have not been specifically dealt with. Of course, there are references to maintenance during matrimonial proceedings, but as a standalone right, the Act does not have any special provisions.
Some of the key proposals put forth by the committee include the prohibition of polygamy, nikah halala, iddat (a mandatory period of waiting to be observed by women following the dissolution of a Muslim marriage), triple talaq, and child marriage, uniform age for girls’ marriage across all religions, and mandatory registration of live-in relationships. The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
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Now, my question is: what about LGBTQ+ communities at UCC? How will they get equal treatment before the law?
The definitions provided in the document are for cisgender men and women. There is no mention of transgender individuals. The concept of a live-in relationship is only depicted in the context of heterosexual partnerships, with same-sex relationships excluded. This doesn’t appear to be an inclusive bill.
The transgender community represents a significant proportion of the population. They are frequently forced into live-in relationships due to a lack of protected rights, and the UCC draft appears to exclude them entirely. The entire community has been left out.
According to my observations, the bill lacks gender inclusivity. They risk losing legal recognition and protection for their rights under such legislation. While the distinction between legitimate and illegitimate children has been eliminated, inheritance laws do not account for transgender children. Given the prevalence of sexual harassment, the law should protect everyone equally.
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What About Marriage Age and Live-in- Relationships?
The minimum marriage age will remain the same: 18 years for women and 21 years for men. A contentious aspect of the Bill is the mandatory registration of a live-in relationship and its criminalization if certain conditions are not met. With this mandate, the proposed law will give the state disproportionate power to penalize consensual relationships while violating individual autonomy.
Does UCC make the lives of Indians better?
It will improve the lives of people in India. UCC will also help in reducing vote bank politics that most political parties indulge in during every election.
In general, religious personal laws are misogynistic in nature, and by allowing old religious rules to continue to govern family life, we are condemning all Indian women to subjugation and mistreatment. A uniform civil code will also help improve the condition of women in India. But at the same time, the government must ensure the laws become as gender neutral as possible because favouring one gender over the other will create social anarchy and oppression.
So, what’s my personal opinion?
It is a sign that the nation is moving away from caste and religious politics. While our economic growth has been significant, our social growth has lagged behind. UCC will help society move forward and take India towards its goal of becoming a truly developed nation.
All the laws related to marriage, inheritance, family, land, etc. should be equal for all Indians. UCC is the only way to ensure that all Indians are treated the same.
I believe a minority of people should not be allowed to pick and choose the laws they want to be administered under. These personal laws were formulated in a specific spatiotemporal context and should not stand still in a changed time and context.
I observe that the codification and unification of the diverse personal laws will produce a more efficient and smooth legal system. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.
The far-sighted political effect will be the gradual decline of religious, gotra based politics because of UCC. Once people are liberated from the hands of religions and community leaders and their norms, they will start focusing more on development-oriented politics rather than electing community/religious candidates. Their voting pattern will eventually change towards meritocracy to some extent, in my view.
Overall, the Uniform Civil Code is a revolutionary reform for the civil society of India, and it will bring liberalism to the people’s lives. At the same time, we must make sure the upcoming UCC doesn’t discriminate against men as a gender and is inclusive of LGBTQ+ communities.
Thank you for reading, and have a great time!
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