Balanced and Equitable Uniform Civil Code: Advancing Towards Equality, Secularism and Justice

A Central Law to Uphold Equality, Secularism, and Justice: Advancing Towards a Balanced and Equitable Uniform Civil Code in India's Diverse Society.

Introduction:

The recent clear and unambiguous views expressed by Prime Minister Narendra Modi regarding the Uniform Civil Code (UCC) in India has, very understandably, sparked a fresh debate. My article argues in favour of a “central” UCC, emphasizing the importance of upholding the Directive Principles of State Policy, promoting gender equality, eliminating complexities arising from diverse personal laws, and addressing critical aspects such as succession, marriage registration, pre-nuptial agreements, and the implications for Hindu Undivided Family (HUF) and “mitakshara” properties. While acknowledging diverse opinions, the article aims to highlight the potential benefits of a UCC while considering the views expressed in Bibek Debroy's article¹.

The Imperative of a Central Law for UCC:

As India celebrates 75 years of Independence, it is essential to honour the Directive Principles of State Policy, even though they may not be justiciable. A UCC, framed under a central law, is crucial to avoid confusion, complexity, and multiplicity of litigation that may arise from individual states enacting independent and different laws. Rather than questioning the need for a UCC, the focus should be on defining the content of the law, ensuring uniformity and equality in civil matters for all communities and religions.

Promoting Gender Equality and Justice:

One of the primary arguments in favour of a UCC is its potential to promote gender equality and justice. Personal laws often discriminate against women, triggering litigation which may culminate in matters before the Supreme Court to uphold their Fundamental Rights. A UCC can rectify these disparities, fostering gender justice, equality, and the dignity of women. This aligns with the Constitution's mandate of providing legal equality and equal protection to all citizens, as embodied in Article 15.

Addressing Succession Laws: Ensuring Equal Rights:

The existence of disparities in inheritance laws across religious personal laws highlights the need for a UCC to ensure equal rights for all individuals. Gender-based provisions in Muslim, Christian, Parsi, and Hindu laws must be addressed to provide fair and equitable distribution of inheritance, eliminating discriminatory practices. By establishing a uniform legal framework, the UCC can guarantee equal rights for daughters, wives, and mothers.

Marriage Registration and Pre-nuptial Agreements:

While preserving the freedom of communities to marry according to their customs and religious practices, the UCC should introduce mandatory registration of marriages within a specified timeframe. Non-registration should render the marriage null and void, ensuring legal recognition and protection for individuals. The inclusion of pre-nuptial agreements, accompanied by basic statutory safeguards, can bring clarity and fairness in case of divorce, promoting greater autonomy for couples.

Prospective Application and Transition Period:

To ensure stability and minimize disruptions, the UCC should be applied prospectively, without reopening past successions, marriages, wills, divorces, and adoptions. A transition period of 6 months to one year, following parliamentary approval and Presidential assent, would allow individuals to plan their affairs accordingly, ensuring a smooth implementation of the UCC.

Secularism and International Examples:

Drawing from international examples, particularly the United States and Canada, India can embrace the principle of secularism by implementing a UCC that guarantees equal treatment for all citizens, regardless of their personal faith. These countries , despite having different personal laws across states and provinces, ensure that within a particular state or jurisdiction, the law applies uniformly to all citizens, regardless of their religion.A central UCC would provide legal uniformity, promoting a shared sense of citizenship and national identity while respecting cultural and religious diversity. It is crucial to strike a balance between individual rights and the collective pursuit of justice.

Reassessing HUF as Tax Entities:

While we are at it, we need, in the true spirit of the UCC, prospectively do away with the concept of HUF (Hindu Undivided family), as distinct tax unit. Although, apart from Hindus, people with Sikh, Jaina and Buddhists faith get major tax benefits from it, in true spirit of secularism as well as the UCC, it needs to be done away with. At least, if the old HUFs are to be preserved, their sub-division should not be permitted after the UCC comes into force, and no new HUFs, as tax entities, should be allowed to be created after the enforcement of the UCC. This would be in the true spirit of Article 15 and our embedded principle of secularism.

Hindu Mitakshara Properties:

Another complex matter is the Hindu mitakshara properties. This matter also needs to be examined and if possible, this should also be done away with. In absence of any codified law, a lot of litigation is created, apart from these being discriminatory towards the daughters, wives and mothers. The fact that Karta HUF can only the eldest male member of the family, a concept that connotes a historically patriarchal society, which is totally incongruous with the modern times and the aspiration of the young Indians, who genuinely believe in the true equality of the genders.

Maintenance and Protection of Vulnerable Sections:

The UCC should encompass provisions for the maintenance of deserted and divorced women, children, and the rights of senior citizens. By codifying these issues in a fair and equitable manner, India can address social injustices and protect the rights of vulnerable sections of society. Such provisions will contribute to a more inclusive and just society.

The Views of Bibek Debroy and Our Take:

Bibek Debroy and Aditya Sinha's article provides valuable insights into the UCC debate, acknowledging the importance of various issues. While I agree, in-principle, with their views, it is imperative to consider a more comprehensive approach to the UCC, encompassing succession, marriage, pre-nuptial agreements, and the rights of vulnerable sections, under a single Central law. A wide-ranging and a multi-disciplinary debate can facilitate a more nuanced and inclusive discussion on implementing a UCC that adheres to our constitutional principles and respects India's diverse cultural fabric, while drawing upon the international experiences.

Conclusion:

Embracing a Uniform Civil Code mandated under a Central law in India holds significant potential to advance gender equality, diversity, and justice. By upholding and implementing the Directive Principles of State Policy in this regard, India can create a comprehensive legal framework that ensures equal treatment for all citizens, irrespective of their religion or faith. The UCC debate should focus on the content of the law, not whether one is required, and its potential to eliminate discrimination while respecting cultural and religious diversity. The Modi government, with its strong mandate and commitment to equality, has a unique opportunity to initiate the process of implementing a UCC that aligns with the principles of justice and inclusivity. By doing so, India can truly uphold its constitutional promise and create a society that reflects the ideals of equitable and egalitarian society.

UCC should be our national mission— it is neither for nor against any religion or community. It is in favour of equality, secularism and justice, values that we all must cherish, embrace and advance. We, as a Nation have waited for long. The time is now ripe— for a Uniform Civil Code.

1. https://www.ndtv.com/opinion/why-india-needs-a-uniform-civil-code-4161333