Uniform Civil Code: What The Fuss!

India is trying to give shape to a uniform civil code (UCC) for the largest population in the world. The imagined code will impact close to 1.5 billion people mainly constituted by an overwhelming Hindu majority and a considerable Muslims minority. The actual numbers of both the heterogeneous communities is counted in hundreds of millions.

Besides these two communities, India is also a home to several other minority groups, living here for hundreds of years. Members of every single community are raising their voice either in favour or against the UCC.

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A section of the Indian society is not taking the exercise seriously, probably thinking that the entire process is like recreating the Big Bang, which has many hurdles on its way.

Another group believes that the UCC is necessary for the ultimate unification of India, therefore it must be formed at any cost.

And then there is one more group which sees UCC as part of a conspiracy to build a majoritarian state.

While the political parties are busy creating hype over the issue, the informed and learned citizens of the country are requesting people to remain cautious.

The Law Commission, which in 2018, deemed the UCC neither necessary nor desirable, is once again seeking suggestions - from all the stakeholders including religious organisations - before taking any call on this sensitive matter. At this stage, there is not a single draft of the UCC, which can be taken forward for necessary legislative measures.

A divided house

The public opinion is clearly and understandably divided over the issue. While one side argues that the UCC is desirable because it will be applicable to each and every citizen of the country, people on the other side of the spectrum see this proposition as a blow to the diversity of the country.

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Interestingly, both sides have people from various religious communities. The proposers as well as opposers have Hindus, Muslims and members of other communities voicing their respective concerns.

The UCC has had a collective pushback from communities across faith groups. The biggest fear for people opposing UCC is that the new code will alter their religious freedom guaranteed by the Constitution.

The focus is more on the Muslim community. Any reaction from the community leaders is seen as a big challenge for the code. However, there are considerable voices within the Muslims, who are at least looking forward to the first UCC draft.

Is UCC anti-Muslim?

Muslims find themselves among the most backward communities in India. The members of the community largely depend on their political or religious leaders¡¯ opinions in order to make any socio political move. In this particular case, general Muslims are being kept under an impression that the newly formed code will be anti-Muslim personal law in India. Hence, they perceive it as an attack on Shari'ah, the set of Islamic laws. Many Muslim leaders believe that the government is taking such a step under the majoritarian compulsion.

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There is nothing wrong in being circumspect about the motives of the majoritarian forces in the country, however, any scaremongering on the issue of UCC is not going to help any cause. The pattern with which the discussions on UCC are brought to the public sphere clearly suggests that there is more politics than a sincere policy on the issue.

The topic is being used as a calculated filler during political rallies during the election season. Meanwhile, some Muslim organisations never fall short of expectations. Their vehement opposition to the UCC - that too in the absence of any draft - paves the way for polarisation and unnecessarily puts the blame on the Muslims for the absence of UCC in India.

Members belonging to every single community, including various Hindu groups, want to protect their personal laws and are opposing the UCC.

Having one law for a huge country like India in its current federal structure might be someone¡¯s dream, but with eyes wide open one sees a different reality.

The Question of Identity

One of the fears related to the UCC is that it would gradually erode the Muslim identity in the absence of the Muslim personal laws. The absence of a formal draft of the UCC certainly leaves a margin for this kind of anxiety. However, religious identity and practice demands a separate and well informed debate.

Will the UCC bar Muslims from following their religion? Will the new laws related to marriage, separation, inheritance etc. be applied to Muslims only? Will the Muslims be forced to wear a particular kind of clothes, cook a particular kind of food and read a common religious literature instead of the Quran or anything that Islam prohibits? Is the UCC aimed at bringing about the above mentioned changes? Considering it to be a uniform code applied equally to all communities, the answer to all such questions is, no.

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Religious identity does not depend on a few personal laws granted by the state. Islam is arguably one of the fastest growing religions of the world. Muslims living in many hostile countries have managed to keep their identity intact. Despite growing Islamophobia, Muslims across the world are managing to make their efforts count in many success stories.

Formation of the Uniform Civil Code may be seen as a threat by several communities, however we need to understand that this is an equally big challenge for the lawmakers. Currently, small steps are being taken with a hope that every community will eventually join the process.

Currently, nobody knows what will be the final draft of the UCC, not even those who are doing politics over the issue.

Therefore, any reaction without proper information must be avoided.