The Uniform Civil Code (UCC) has been a fierce topic of debate in India in recent years. And now, with a Bill being officially introduced in the Parliament, the likelihood of the UCC becoming reality rings loud. We take a look at why the UCC has triggered so much conversation.
What is the Uniform Civil Code?
The Uniform Civil Code is essentially a common set of rules to govern people across the country. It has been proposed as a single set of rules to govern personal matters such as marriage, divorce, inheritance, adoption and maintenance, among others, in place of existing personal laws that are based on the individuals' religion. The UCC will replace existing applicable personal laws such as the Hindu Code and the Muslim Personal Law as a comprehensive singular set of rules for people from all backgrounds.
When was its first documented mention in independent India?
The Constitution of India defines Uniform Civil Code as a Directive Principle of State Policy and says that the state should "endeavour" to secure for its citizens a uniform civil code throughout the territory of India. In 1985, the case of Shah Bano brought attention to the need for a uniform civil code. The Supreme Court, in that case, upheld the right to alimony or maintenance after the period of "iddat" (90 days as per Sharia) of Shah Bano, a Muslim woman who was divorced by her husband. This sparked debate among Muslim clerics at the time, who said that this was against Muslim Personal Law and what was prescribed in Sharia.
Has UCC been implemented in any form in the country?
Goa, which was under Portuguese rule until 1961, retained its common family law even after it gained independence from the Portuguese and came to be a part of India. This makes Goa the only state with a uniform civil code, called the Goa civil code. On December 1, 2022, Madhya Pradesh Chief Minister Shivraj Singh Chouhan announced that he had formed a committee to study the provisions and implementation of a uniform civil code. "The time has come for the implementation of the Uniform Civil Code and one wife norm for everyone. Why should there be two sets of laws in the country," he said, according to a report by NDTV.
What do supporters of the UCC say?
A uniform civil code in terms of marriage would mean that people from the LGBTQIA+ community would get marriage rights as well. This is because no existing applicable personal law allows same-sex marriage in India. Supporters of the law also state that the UCC would help phase out outdated laws and practices that are discriminatory towards women and grant them greater rights and better protection.
Apart from that, a single set of rules for all citizens is touted to promote a sense of national unity and equality. After the introduction of the Bill, the Chairperson of the National Human Rights Commission (NHRC), Arun Mishra, called the UCC "necessary" and said that it was required to remove discrimination against women in property rights, parental rights, inheritance, domicile of married women and legal capacity," as per a report by LiveLaw.
Who introduced the UCC Bill in Parliament?
A Private Member's Bill was introduced in the Rajya Sabha on Friday, December 9 by Kirodi Lal Meena, a Member of Parliament from the ruling Bharatiya Janata Party (BJP). The Bill was introduced with 63 votes in favour and 23 votes against, rejecting the three motions that were introduced to oppose it. The Bill seeks the formation of a "National Inspection and Investigation Committee" to draw up the provisions of a Uniform Civil Code and implement it in India.
What are the criticisms it faces?
Critics of the UCC state that it is contrary to the diverse, secular fabric of the country, as it would force people to compromise on their religious beliefs and practices. They have also questioned the implementation of UCC, given the diverse nature of beliefs and practices in India and the fact that there is no consensus on what a common set of rules would be. In fact, in the Rajya Sabha, where the Bill was introduced, MDMK (Marumalarchi Dravida Munnetra Kazhagam) MP, Vaiyapuri Gopalswamy, said that the UCC was an attempt to "disintegrate" the country and its minorities, as reported by LiveLaw. MP Elamaram Kareem from the CPI(M) said that minorities and people from various communities must be widely consulted before the formulation of a UCC.
What happens now?
The ruling BJP government had included the UCC as a part of its 2019 manifesto for the General Elections and for the recently concluded Gujarat Assembly elections as well. The BJP-led government has announced its support for the Bill. Since this was a private member's Bill, it had to go through a special ballot, reserved for Friday afternoons during a Parliament session, to be selected for introduction. Now that it has been introduced, it will be put through another ballot round and if it happens to be selected there, it will be put up for discussion in the Upper House.
