Prime Minister Narendra Modi’s ambitious plan to implement a single personal law for all Indian citizens has reignited a heated debate on its feasibility and potential consequences. Currently, matters such as marriage, divorce, adoption, and inheritance in India are governed by multiple religious and customary laws, leading to a complex and often criticized system.
The proposed Uniform Civil Code (UCC) aims to replace these diverse laws and establish a unified set of regulations applicable to all citizens. Prime Minister Modi’s Bharatiya Janata Party (BJP) has long pledged to enact the UCC, with the proposal featuring in its election manifesto since 1996. Speaking at a recent BJP event, Modi emphasized the need to eradicate separate laws for different communities.
The Law Commission of India has been collecting public feedback on the UCC since mid-June. With over 1.9 million responses received so far, the commission is preparing a report on the new code. Adding to the momentum, the BJP-ruled state of Uttarakhand announced the preparation of a UCC bill, potentially serving as a model for the national government.
While proponents of the UCC argue for uniformity and gender equality, concerns have been raised regarding its impact on local customs and traditions in the culturally diverse country of 1.4 billion. The proposal has triggered disquiet among minority groups and tribal communities. The All India Shia Personal Law Board, representing Shia Muslims, has condemned the UCC as an attack on personal law. Chief Minister Conrad Sangma of Meghalaya highlighted the potential negative consequences for the tribal communities in his state.
The debate surrounding a UCC has been ongoing since India’s independence, with the framers of the Constitution including Article 44, which calls for the establishment of a uniform civil code. However, successive governments have been reluctant to tackle the issue. In 2018, the Law Commission stated that a UCC was neither necessary nor desirable.
Opponents of the UCC argue that rather than a uniform code, reforms should be focused on existing personal laws to address concerns and ensure inclusivity. They highlight the diverse cultural and religious landscape of India, urging the preservation of individual customs and traditions.
The complexities surrounding personal laws can be seen in areas such as adoption. While Hindu personal law recognizes adoption through the Hindu Adoption and Maintenance Act, Muslim, Christian, and Parsi personal laws do not. The Juvenile Justice (Care and Protection of Children) Act 2000 allows adoption irrespective of religion. These differences exemplify the challenges of achieving uniformity.
For instance, Sikhs have no provision for divorce under the Anand Marriage Act that governs them, and a Parsi woman marrying outside her community loses her Parsi status as per their personal law. In some regions of India, women can marry a maternal uncle, despite the Hindu Marriage Act prohibiting it.
The implementation of a UCC presents a complex and highly sensitive task. It necessitates careful consideration and balancing of uniformity, cultural diversity, and personal liberties. Critics argue that imposing a single personal law may erode the unique customs and traditions of diverse communities, ultimately hindering the goal of unity.
The Indian government’s endeavor to achieve a UCC continues to fuel an intense debate within the country. As the Law Commission compiles its report and public feedback, the future of the proposed UCC remains uncertain. Both proponents and opponents of the code anxiously await further developments, considering the potential implications for India’s social fabric and diverse population.
