Uniform Civil Code - A Law That Has Been Pending For Six Decades And The Arguments In Favour And Against It

The All India Muslim Personal Law Board has said that it will not respond to a questionnaire sent by the Law Commission, seeking its opinion on the implementation of Uniform Civil Code.

The proposed legislation, which is aimed at replacing personal laws of various communities on marriage, divorce, inheritance, adoption and maintenance.

PTI

However, the AIMPLB and a number of other Islamic organizations said they would oppose any to amend the Muslim Personal law.

They say by implementing the UCC the government is trying to curtail the constitutional rights of religious minorities in the country.

It also comes amid for the first time the central government clarified its stand in the Supreme Court that it wasn't in favour of the triple talaq (divorce custom) followed by Muslims.

AFP/ Representative Image

Well, it should not come as a surprise that the Narendra Modi government would make efforts to implement the the UCC, simply because it was one of the pre-poll promises that the BJP had made in the run-up to the 2014 elections.

Even the previous NDA government led by Atal Behari Vajpayee had made efforts to implement a legislation that has been pending over sixty years. However every time the government made any efforts to this regard

What is Uniform Civil Code?

It is prescribed under Directive Principles of State Policy in Article 44 which states "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."

It is aimed at setting up one single law for all Indian citizens across religions in matters like marriage, inheritance, property, family, adoption etc.

This however does not mean that it limits the freedom of people to follow their respective religious beliefs and customs. It simply means that every individual is supposed to be treated equal in under one law.

Reuters/ Representative Image

As of now India has separate sets of personal laws for each religion governing marriage, divorce, succession, adoption and maintenance. While Hindu law overhaul began in the 1950s and continues, activists have long argued that Muslim personal law has remained mostly unchanged.

How would it change the religious/social system?

India being a secular democracy, it nothing but logical that the law of the land should be the same for all citizens and not based on religions.

UCC will help in streamline the system and strengthen in under one uniform law across communities. It will especially help strengthening the position of women in the society in case of marriage, inheritance, property and divorce, which is not the case currently. It would end practices like triple talaq where the law is heavily in favour of the men, in which a husband can give an oral divorce at will, something has come under criticism for rampant misuse.

PTI

Also almost all the developed countries have a Uniform Civil Code. A uniform civil code will help the society move forward and take India towards its goal of becoming a developed nation.

Clash with Religious Law

One community which has for long vehemently opposed the idea of UCC are the Muslims. Because there is already a Muslim Personal Law in place which is based on Shariat law. They claim that in the pretext of one single law a 'Hindu Civil Code' will be enforced on them, taking away the rights they currently enjoy under separate religious laws.

Status of Uniform Civil Code in India

Currently, Goa is the only Indian state that has implemented a uniform civil code regardless of religion, gender, caste. Goa has a common family law. In Goa Hindu, Muslim, Christians all are bound with the same law related to marriage, divorce, succession.

When the Goa became the part of union territory in 1961 by the virtue of the Goa Daman and Diu administration act 1962 the parliament authorized the Portuguese civil code of 1867 to Goa and shall be amended and repealed by the competent legislature.