Dr. Afkar Ahmad Navigating Uniform Civil Code in India

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Introduction

The Uniform Civil Code (UCC) is a proposal aimed at formulating and implementing a common set of personal laws applicable to all Indian citizens, irrespective of religion, caste, or gender. The UCC seeks to replace the existing religious-based personal laws governing marriage, divorce, inheritance, and adoption with a single, unified legal framework.

Constitutional and Legal Basis

The foundation of UCC in India lies in Article 44 of the Directive Principles of State Policy in the Indian Constitution, which states that "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India." Although the Directive Principles are not legally enforceable, they act as guiding principles for governance.

Current Status of Personal Laws in India

At present, India follows multiple personal laws that are based on religion:

• Hindu Personal Laws (governing Hindus, Buddhists, Jains, and Sikhs)

• Muslim Personal Law (based on Sharia principles)

• Christian Personal Law

• Parsi Personal Law

• Special Marriage Act (1954) (for interfaith and civil marriages)

Need for UCC

1. Equality and Justice: Different personal laws often lead to gender inequality and discriminatory practices, particularly in matters related to marriage, divorce, and inheritance.

2. National Integration: A uniform legal framework promotes unity and reduces communal divisions.

3. Simplification of Laws: UCC would eliminate the complexity of multiple personal laws, making the legal system more transparent and efficient.

4. Judicial Precedents: The Supreme Court of India, in several cases (such as Shah Bano Case, 1985), has recommended the need for a UCC to ensure gender justice.

Challenges in Implementation

1. Religious and Cultural Sensitivities: Personal laws are deeply rooted in religious traditions, making uniformity a contentious issue.

2. Political Opposition: Different political and religious groups have varied opinions, leading to policy gridlock.

3. Diversity of India: India’s vast cultural and religious diversity makes it difficult to frame a single law that suits all communities.

Goa as a Model for UCC

Goa is the only Indian state that follows a common civil code under the Portuguese Civil Code, 1867, which applies to all its citizens regardless of religion. This model is often cited as a reference for nationwide implementation.

Way Forward

• Gradual Implementation: A phased approach, starting with areas of consensus like gender justice, could help in easing resistance.

• Consultative Process: Engaging with religious leaders, legal experts, and civil society can help create an inclusive UCC.

• Awareness and Education: Informing citizens about the benefits of UCC can reduce misconceptions and resistance.