What is the Uniform Civil Code and why is Opposition against it?

The general elections will happen in India in less than a year's time, and the biggest tussle between the ruling Bharatiya Janata Party (BJP) and the Opposition at the moment is on the enactment of the Uniform Civil Code (UCC).

While Prime Minister Narendra Modi and his party are making a strong pitch for the UCC, saying it will bring equality and justice, most of the Opposition parties are against it, saying that the law will infringe upon religious and cultural rights.

India Today, citing sources, reported that there is a possibility that the government might introduce a bill proposing the implementation of UCC during the upcoming monsoon session of parliament next month.

If introduced, the bill is likely to be referred to the parliamentary standing committee, which will provide a platform for various stakeholders to present their perspectives and opinions on the matter.

PM Modi's strong pitch for Uniform Civil Code

Prime Minister Narendra Modi has emphasized the importance of a Uniform Civil Code (UCC), citing the constitutional provision that upholds equal rights for all citizens.

He expressed concern that the Opposition is exploiting the issue of the UCC to misguide and incite tensions within the Muslim community.

"You tell me, in a home, how can there be one law for one member and another law for another member?" Modi said. "Will that home be able to function? Then how will the country be able to function with such a dual system? We have to remember that even in India's Constitution, there is a mention of equal rights for all," he said.

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) is a proposal in India aimed at establishing a set of personal laws that would be applicable to all citizens, irrespective of their religion, gender, or sexual orientation.

Presently, personal laws governing various communities are based on their respective religious texts. For instance, Hindus are governed by the Hindu Marriage Act, 1955, while Muslims are governed by the Muslim Personal Law (Shariat) Application Act, 1937. Due to this, individuals belonging to different religions have different laws regulating their marriages, divorces, inheritance, and other family-related matters.

The UCC seeks to replace the existing system of religious personal laws with a uniform set of laws that would be applied consistently to all citizens. This would not only streamline the legal framework but also facilitate a clearer understanding of rights and obligations for all individuals.

What does the Indian Constitution say about the UCC?

The Indian Constitution does not have a specific provision mandating a Uniform Civil Code (UCC) for all citizens. However, it does mention the idea of a Uniform Civil Code in Article 44, which is one of the Directive Principles of State Policy.

Article 44 of the Indian Constitution states, "The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India."

Directive Principles of State Policy are principles that guide the state in the formulation and implementation of laws and policies. They are not legally enforceable by courts, unlike fundamental rights.

The inclusion of Article 44 reflects the vision of a unified civil code for the country, aimed at harmonizing personal laws related to marriage, divorce, inheritance, and other civil matters.

Opposition parties on the UCC

Most major Indian Opposition parties are against the Uniform Civil Code. They argue that the UCC would violate the freedom of religion of minority communities and argue that the UCC is not necessary, as the current system of personal laws is working well.

The Opposition parties fear that the UCC would be used by the ruling BJP to impose Hindu majoritarianism on the country.

Parties like the Congress, Trinamool Congress, JD(U), RJD, SP, CPI(M), and CPI have accused Modi of using the UCC as a political ploy ahead of the Lok Sabha elections next year.

The Aam Aadmi Party (AAP) has stated that it supports the UCC in principle but only after a wide consensus is built through consultation with all stakeholders.

National Conference president Farooq Abdullah has said that the central government should not rush through the move and should rethink the consequences of implementing it.

Former BJP ally Akali Dal spokesperson Daljit Singh Cheema said civil laws were influenced by faith, belief, caste, and customs and were different for different religions and should be retained in the interest of safeguarding the social fabric as well as the concept of unity in diversity, as reported by the Deccan Herald.

In its editorial in its mouthpiece 'Saamna', Shiv Sena (UBT) party said, "Only opposing the Sharia law of Muslims is not the basis for the Uniform Civil Code. Having equality in law and justice is also the Uniform Civil Code."