On the 78th anniversary of independence, Prime Minister Narendra Modi, while giving a speech from the Red Fort, once again mentioned the Uniform Civil Code (UCC). PM Modi said that the laws which divide in the name of religion should be removed.
Prime Minister Modi said, ‘In our country, the Supreme Court has repeatedly discussed about UCC. Have ordered several times. Because a large section of the country believes that the civil code under which we are living is actually communal and discriminatory.
He said, ‘Laws which divide on the basis of religion. Become the cause of ups and downs. Those laws can have no place in modern society. Now the country demands that there should be a secular civil code in the country.
This is not the first time that PM Modi has said that Uniform Civil Code is the need of the country. Last year, at a rally in Madhya Pradesh, he had said, ‘If there is one rule for one member of the family and another rule for another member, will that house be able to function? So how will the country be able to run with such a dual system?
Why talk about secular civil code?
Secular Civil Code or Uniform Civil Code or Uniform Civil Code means same law for all religions.
To put it in simple language, one country-one law. At present, there are different laws in all religions for matters related to marriage, divorce, rules of adoption, inheritance, properties.
If Uniform Civil Code comes then there will be same law for everyone, no matter what religion or caste they belong to.
Personal matters of Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Marriage Act. Muslims, Christians and Parsis have different personal laws. In such a situation, if UCC comes, the existing laws of all religions will be repealed. There will then be a single law in all religions on matters related to marriage, divorce, adoption, inheritance and property.
What about different religions?
– Age of marriage: By law, marriage is considered valid when the age of the girl is above 18 years and the age of the boy is above 21 years. This is the legal age for marriage in all religions also. But among Muslims, girls are married even at the age of 15 years.
– Polygamy: Only one marriage is allowed in Hindu-Sikh-Christian-Buddhist-Parsi and Jain religions. Second marriage can be done only when the first wife or husband has been divorced. But among Muslims, men are allowed to marry four times. Once UCC comes, polygamy will be banned.
– Divorce: There are different rules regarding divorce in many religions including Hindu. There are different grounds for divorce. To get a divorce, Hindus have to live separately for 6 months and Christians have to live separately for two years. But there are different rules of divorce among Muslims. All this will end when UCC comes.
– Right to Adoption: Personal laws of some religions prevent women from adopting a child. For example, Muslim women cannot adopt a child. But a Hindu woman can adopt a child. With the advent of UCC, all women will get the right to adopt a child.
– Right to property: Hindu girls have equal rights in their parents’ property. But if a Parsi girl marries a man of another religion, she is evicted from the property. With the arrival of UCC, there will be only one law related to inheritance and distribution of property in all religions.
Will the Constitution allow this?
Article 44 of the Constitution states that it is the responsibility of the government to enforce a uniform civil code for all citizens. Article 44 is based on the concept of equal law regarding inheritance, property rights, marriage, divorce and child custody.
When the courts commented
While giving its verdict in the Shah Bano case in 1985, the Supreme Court had said, ‘Parliament should frame a Uniform Civil Code, because it is an instrument which facilitates equal harmony and equality before the law.’
In a case in 2015, the Supreme Court had said that under Christian law, Christian women cannot be considered the ‘natural guardian’ of their child, whereas an unmarried Hindu woman is considered the ‘natural guardian’ of the child. At that time the Supreme Court had accepted that Uniform Civil Code is a constitutional requirement.
In 2020, the Supreme Court interpreted the 2005 amendment to the Hindu Succession Act to ensure gender equality. In the historic decision, the court had considered daughters to have equal share in ancestral property like sons. In fact, in 2005, the Hindu Succession Act, 1956 was amended. Under this, it was said that daughters would be given equal share in ancestral property.
In 2021, the Allahabad High Court had also said that Parliament should consider bringing a uniform family law, so that people can live together freely without facing different legal hurdles.
Then what is the problem?
In August 2018, the 21st Law Commission had written in its consultation paper, ‘It has to be kept in mind that this should not compromise our diversity and should not become a threat to the territorial integrity of our country.’
The effective meaning of the Uniform Civil Code would be to streamline the laws relating to marriage, divorce, adoption, inheritance and property rights. The 21st Law Commission had said that for this, different aspects of culture and religion across the country would need to be considered.
Those who oppose the Uniform Civil Code say that with this Hindu laws will be applied to all religions. Opponents also say that this will violate the rights granted under Article 25. Article 25 gives the right to religious freedom.
The Muslim Personal Law Board opposes the Uniform Civil Code the most. He says that this will not bring equality, rather it will be imposed on everyone.
So what is the solution?
In 2018, the Law Commission had said in its report that due to no consensus on the Uniform Civil Code, there is a need to make some reforms in the personal law itself.
The Commission had said that care should be taken that fundamental rights are not being violated under the guise of personal law and to remove this, changes should be made in the laws.
At present the matter of Uniform Civil Code is with the 22nd Law Commission. The Law Commission had also sought opinion from the general public on this last year. However, experts believe that implementing the Uniform Civil Code is a very difficult task. That is not only because all religions have their own different laws, but also because each religion has different laws according to the place.