UCC- One law for one Nation

Introduction

• UCC refers to a single law, applicable to all citizens of India in their personal matters such as marriage, divorce, adoption and inheritance etc (irrespective of religion)
• UCC is intended to replace the system of fragmented personal laws of diff religious communities with a common set of rules governing every citizen.
• Art 44 of DPSPs

History

• Origin of UCC-- Lex Loci Report (1840) emphasised imp of uniformity in codification of Indian law, relating to crimes, evidences & contract but said that personal laws of Hindus & Muslims should be kept outside such codification.

• C.A debates--
• Ismail Sahib & Pocker sahib bahadur-- Against UCC-- its Implem is against Art 25-- if wanted to implem than take consent of communities
• KT Shah, AK Ayyar, Rajkumari amrit kaur, Hansa Mehta---UCC will not bring enemity rather amity b/w diff communities, increase unity & integrity
• Ambedkar--UCC shd be kept in non justiciable & leave to future leg, they can implem if S-C condition favourable

SC observations

• SC directed to frame a UCC in Shah Bano case 1985, Sarla Mudgal Case (1995), Shayara Bano case (2017)
• Jose Paulo Coutinho case (2019)— SC hailed Goa a “shining ex of UCC”.
• John Vallamattom vs UoI-- A Common Civil Code will help the cause of national integration by removing the contradictions based on ideologies”.
• Daniel Latifi case
• Pannalal Bansilal Pitti case—UCC although is highly desirable but its enactment in a pluralist socie­ty in “one go” may be counterproductive to unity & integrity of the nation.

Need & merits of UCC

• Constitutional mandate  (Art 44) + Judicial directions
• To promote National Integration, as in long term UCC would lead to defeat of the communal & divisionist forces
• For protection of vulnerable sections (women and religious minorities), as envisaged by Ambedkar
• Gender justice
1. UCC will liberate women from patriarchal domination ( As Personal laws are patriarchal & exploitative of women)
2. Provide them with right to equality and liberty.
3. Do away all gender biases in almost all personal laws
• For Est a secular society, as a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
• Ending evil & unjust customs and traditions which are contrary to FRs
• Simplification of laws, as at present multiple law creates confusion + will lead to reduction in litigation related to multiple personal laws.
• Freedom of choice for young generation
• Different personal laws promote communalism and it leads to discrimination at two levels:
• B/w people of different religions.
• B/w the two sexes.

Challenges

• Contradictory features of Constitution
1. As Freedom of religion (Art 25, 26, 29) gets into conflict with the right to equality (Art 14,15)
2. Art 25-28 allows to practice religious activities w/o any restrictions. 
3. Diff provisions for preservation of customs of tribes (Art 371 A)
4. Plurality & Diversity is cornerstone of constitution
5. Secular state should not interfere with the personal law-- A UCC is seen, by many, as a contradiction to  Art 25, 26(b) & 29
• Social-political or practical challenges
1. India is a multi cultural, multi religious & multi ethnic society-- Huge variations in customary practices--so very difficult to arrive at consensus for a common code
2. False conceptions / Perception of UCC as encroachment on religious freedom--Minorities fears that in the name of uniformity, the culture of the majority is being imposed over them.  This false perception makes a rational debate on its implementation quite difficult.
3. Communal Politics-- A large section sees it as majoritarianism under the garb of social reform.
4. Time is not suitable yet – due to present controversies over beef ban, college curriculum, love jihad.
5. Lack of national consensus--UCC still is a politically sensitive issue.
6. Cultural lag-- Indian society is in transition
• LCI report (2018)-- UCC is “neither necessary nor desirable at this stage” and Secularism cannot contradict the plurality prevalent in the country.

Way ahead

• Adopt a “Piecemeal” approach-- Gradual transformation from diverse civil code to uniformity
• Government could bring separate aspects such as marriage, adoption, succession and maintenance into a uniform civil code in stages.
• Needs to build trust & consensus--UCC shouldn’t be misconstrued to be as majoritarian
• A uniform law, although highly desirable but may be counterproductive to the unity and integrity of the nation. Hence, only those elements of customs and traditions should be brought into a unified law that causes injustice to individuals. At the same time, good customs and traditions should be protected to preserve the indigenous culture associated with it. It will help India protect its strength i.e. unity in diversity.
• LCI (2018)--'UCC is neither necessary nor desirable at this stage’, However it suggested certain measures in marriage & divorce that should be uniformly accepted in the personal laws of all religions.
1. Recom codification of all personal laws
• to help arrive at certain universal principles.
• Equality shd be prioritized instead of the imposition of UCC.
• Fixing the marriageable age of boys and girls at 18 years so that they can marry as equals.
• Making adultery a ground for divorce for men and women.
• Simplifying the divorce procedure.
• It suggested making polygamy a criminal offense and applying it to all communities.
• Compulsory reg of marriage
• Model UCC: Enact a model UCC embodying what is best in all personal laws. It must be a synthesis of the good in our diverse personal laws.
• Pannalal Bansilal Pitti case—UCC although is highly desirable but its enactment in a pluralist socie­ty in “one go” may be counterproductive to unity & integrity of the nation.

Conclusion

Ours is a secular democratic republic. Freedom of religion is the core of our culture. But religious practices, which are violation of human rights and dignity and suffocate civil and material freedom are not a mark of autonomy but oppression. Therefore, a unified code is imperative, both for protection of the oppressed and for promotion of national unity and solidarity

Commentaries

• Aparna Mahanta-- "Failure of the Indian state to provide a UCC illustrates the modern state’s accommodation of the traditional interests of a patriarchal society”