By creating a Uniform Civil Code, India will be taken to new heights, and this achievement will be credited to Prime Minister Narendra Modi.
Prior to the 2019 Lok Sabha elections, the BJP had promised in its manifesto to implement a Uniform Civil Code (UCC). Prime Minister Narendra Modi, without any hesitation or delay, takes risks to make significant decisions after receiving electoral promises and public support. Therefore, ahead of the upcoming elections, he has made preparations to seek a historic decision on this promise from Parliament. In recent days, PM Modi called for the introduction of UCC in Bhopal and criticized Opposition parties for inciting minority communities against reforms. Subsequently, the All India Muslim Personal Law Board said that they would oppose the UCC, while political parties accused the BJP of diverting attention and neglecting real issues.
The problem is that in India, different communities have their own separate laws based on their religion, faith, and beliefs regarding marriage, divorce, inheritance, and adoption. In Goa, there is the Uniform Civil Code of 1867, which applies to all communities, but there are separate rules for Catholic Christians and other communities. For example, only Hindus can have two marriages in Goa. The issue of a Uniform Civil Code has been a topic of discussion between the central and state governments. Since 1970, states have been making their own laws, and after several years, an amendment was made in 2005, which granted daughters equal rights in their ancestors’ property under the existing Hindu personal law. At least five states had already made amendments to their laws to enable this.
In the case of adoption, according to Hindu traditions, a child can be adopted for both secular and religious purposes, while Islamic law does not recognize adoption. However, in India, a secular law allows individuals to adopt without considering their religion. In terms of inheritance, the concept of ‘juvenile succession’ exists where only a male can be the heir to juvenile property, and only a male can perform the last rites of the family members. The law allows individuals to practice their religion without interference, permitting them to follow their religious customs and practices. The Supreme Court has also appeared ambiguous on uniform laws. In the past four decades, it has urged the government to enact a Uniform Civil Code for the “unity of the nation” through various judgments. The Allahabad High Court also supported the implementation of a Uniform Civil Code in a recent case and urged the central government to work towards its implementation.
Currently, in the country, there are different rules for Hindus, Muslims, Christians, and other communities regarding property, marriage, and divorce. People belonging to different religions follow their personal laws in matters such as marriage, property, and adoption. The Muslim, Christian, and Parsi communities have their own personal laws, while Hindus, Sikhs, Jains, and Buddhists come under the purview of civil laws.
However, since Independence, there has been a demand for a Uniform Civil Code or a Uniform Civil Law that would ensure a single law where no consideration is given to any religion, gender, or sexual orientation. In fact, the Constitution states that the nation should strive to provide such laws to its citizens. Several organizations, including the BJP, have continuously raised the demand for a Uniform Civil Code, citing alleged discriminatory laws under Muslim personal laws. Under Muslim personal laws, triple talaq was considered valid, allowing Muslim men to divorce their wives instantly. However, the Modi government criminalized this practice in 2019. The BJP’s election manifesto states that until India adopts a Uniform Civil Code, there cannot be gender equality.
The opposition argues that it is very difficult to unify the diverse and vast country like India under a Uniform Civil Code. For example, Hindus may follow personal laws, but they also respect the customs and traditions of various communities in different states. On the other hand, Muslim personal laws are not entirely the same for all Muslims. For instance, some Bohra Muslims adhere to the principles of Hindu laws regarding inheritance rights. Similarly, property and inheritance laws vary from state to state. In Christian-majority states such as Nagaland and Mizoram, there are personal laws specific to their communities, and they follow their own customs, not just the religion itself.
Not only in America, but countries like Pakistan, Indonesia, Turkey, and Egypt also have a system of uniform civil laws. The most important thing is that the Constitution, upon which we all take an oath and on which we rely for our livelihood, explicitly states in Article 44 of Part IV that implementing a uniform civil code is our goal. Now, the government of Uttarakhand has formed a high-level committee under the chairmanship of a former judge to prepare a draft of the Uniform Civil Code. However, immediately some leaders and organizations have raised their voices in opposition. Undoubtedly, the framers of the constitution before independence and even in the early years would have believed that all provisions of the Constitution would be implemented after a few years. However, this belief has been undermined by self-serving leaders, organizations, and some divisive elements. They continue to exploit the name of Mahatma Gandhi but mislead the common people in the darkness of religion and caste.
If the government led by Narendra Modi is making efforts to provide free food, toilets, housing, cooking gas, education, healthcare, and skill development facilities to crores of minority communities as well, why should there be opposition?
With the implementation of the UCC, there is a possibility of harmonizing personal laws in the country. Marriage, divorce, maintenance, custody, adoption, inheritance, and succession are all issues that fall within the definition of a “civil code.” Currently, under Indian law, these issues are governed by separate provisions under different religious personal laws or codified laws. This means that once the Indian government moves towards creating a codified uniform civil code, there will be changes in several laws and provisions.
The introduction of a bill in Parliament to create uniform laws on such provisions will be seen as India’s new revolution. Therefore, Opposition leaders are in a dilemma, and there are deep divisions among them regarding support and opposition to the bill. PM Modi is confident of success as there is majority in Parliament, and some Opposition parties will support the bill. By creating a UCC, similar to laws such as removal of Article 370 in J&K and the abolition of the triple talaq practice, India will be taken to new heights, and this achievement will be credited to him.
The writer is editorial director of ITV Network—India News and Dainik Aaj Samaj.