The debate over the Uniform Civil Code (UCC) in India has reached a fever pitch, with Prime Minister Narendra Modi’s latest comments igniting discussions across the nation.
In his Independence Day speech, PM Modi described the current system of multiple personal laws as “communal,” advocating for a shift towards what he termed a “secular civil code.”
The UCC, envisioned under Article 44 of the Indian Constitution, aims to replace the existing personal laws based on religion with a common set of civil laws governing marriage, divorce, inheritance, and adoption, applicable to all citizens irrespective of their faith.
Proponents argue that a UCC would foster national unity by eliminating the current legal disparities among different religious communities. They believe it would strengthen the secular fabric of India.
Advocates for the UCC also point out that many personal laws, particularly those concerning marriage and inheritance, are gender-biased, and the UCC could ensure equal rights for women across all communities.
However, critics, including many from minority communities, fear that a UCC might undermine India’s cultural and religious diversity. They argue for the preservation of personal laws as a form of religious freedom.
There is also skepticism about the practicality of implementing a UCC in a country as diverse as India, where personal laws have deep roots in religious texts and practices.
A political promise by the BJP
The BJP has been vocal about the UCC, seeing it as a step towards modernizing and unifying the legal system. However, opposition parties and some legal experts argue it could be seen as an imposition of majoritarian views.
The Judicial View
The Supreme Court has historically nudged towards a UCC, with past judgments suggesting it as a means of national integration. However, the court has also recognized the complexity of such a legislative move.