30/05/2022
: Is it possible in to implement ?
Different communities in have different laws on matters of and based on their and .
However, since the independence of the country, the demand for or Uniform Civil Code (UCC) has been going on. Under this, there will be only one which will not care about any and orientation. Even the constitution says that the nation should 'effort' to provide such to its
But a common law has been by both the and communities of the country. In the words of the Supreme Court, it is a 'dead letter'.
The BJP government led by PM Narendra Modi is taking back this idea. ruled and are discussing .
Building a at the disputed site in abolishing special status and implementing the UCC have been among the election promises. The construction of the in is going on and its autonomy has been taken away from Kashmir, so now the discussion is on UCC.
Right-wing organizations have been raising the demand for a Uniform Civil Code by citing the so-called 'backward' laws of Personal . was under the Personal Law, under which Muslims could divorce immediately, but the made it criminal in the year 2019.
BJP's election manifesto says that 'there can be no until India adopts a Uniform Civil Code'. But political analyst Asim Ali believes that 'the reality is much more complicated'.
In other words, the idea of forming the UCC has opened a box that will have unintended consequences for the of the country that the claims to represent.
Asim Ali says, "UCC will affect the social life of Hindus as well as Muslims."
Why is it difficult to implement Uniform Civil Code in India?
It is extremely difficult to integrate uniform civil law in a vast and like .
For example, may follow personal laws, but they also follow the customs and customs of different communities in different states. On the other hand, personal are also not completely the same for all Muslims. For example, some Bohra Muslims follow the principles of Hindu law in the matter of succession.
At the same time, different states have different laws in matters of and inheritance. Christian-majority states of India such as and have their own personal laws and follow their own customs and not religion.
Goa has the Uniform Civil Law of 1867 which applies to all its communities but has different rules for Catholic Christians and other communities. For example, Hindus can do two marriages only in Goa. Uniform civil code in India has been an issue of common interest to the central and state governments. States have been making their own laws since 1970.
After many years, an amendment was made in the year 2005, after which in the current central Hindu personal law, daughters were given equal rights in the property of ancestors to sons. At least five states have already changed their laws to enable it.
Now think about how personal laws look different in different cases. Different in case of
If we look at the matter of , then according to Hindu tradition, one can be adopted for both secular and religious purposes because the heir of the property can be a man and the last rites of the family can be performed by a man only.
Islamic law, on the other hand, does not recognize adoption but India has a secular 'Juvenile Justice' law that allows citizens to adopt regardless of . Along with this, experts also wonder about the fact that if there is a common law, then what will be the neutral principles while making the rules for adoption?
"Which principle would you apply—Hindu, Muslim or Christian?" says Alok Prasanna Kumar, a fellow at the Vidhi Centre for Legal Policy, an independent legal policy advisory group based in Bengaluru.
He says that 'UCC has to answer some basic questions. For example, what would be the criteria for marriage and divorce? What will be the adoption process and consequences? What will be the right of alimony or division of property in case of divorce? And lastly what will be the rules of inheritance of property?
Ali says that due to this there will be politics which can easily give a jolt.
He says, "How will the BJP government harmonize the Conversion Act and the Uniform Civil Law which allows marriages between different religions and communities freely while the Conversion Act supports curbing inter-religious marriages."
Furthermore, he says, how would smaller states plan to bring in laws without significantly disrupting people's practices? It is also not surprising that the Supreme Court is also vague about . In separate decisions over the past four decades, it has prompted the government to implement a Uniform Civil Code for the 'integrity of the nation'.
In 2018, the Law Commission, an advisory body advising the government on legal changes, had said that a Uniform Civil Code was "neither necessary nor desired".
Gender discrimination can end without bringing
Kumar says that 'it is clear that is not a magic bullet, the uniformity of the law does not add any great value, but it is a great value in itself. A good law is one which is clear and constitutional.
Experts say that instead of demanding a common law to eliminate gender discrimination in personal law, nothing comes in the way of changing it. This would essentially mean adopting best practices from all personal laws. Ali believes that UCC is probably not being adopted in most BJP-ruled states because its vote bank may be affected.
"It is more to build their political capital and ensure their survival within the framework of the new BJP, where they continue to shine their Hindu credentials," he says. The second shocking thing is that despite being in power on its own strength in many states, BJP has not been able to bring this law for a long time. With the general elections just two years away, does the party believe that the time has come? Kumar says, "There is a lot of noise about the UCC and the political debate has not started on it. The draft of the proposed law should be shown to us first."
