Will the Uniform Civil Code really be obeyed ?

In Uttarakhand, CM Pushkar Singh Dhami had announced the implementation of a ‘Uniform Civil Code’ as soon as he took over as the Chief Minister. Despite the provisions of this Act being made in Article 44 of the Constitution of India and despite the fact that the ‘Republic’ of India has completed 72 years, no Government has shown the courage to legislate this Act. As a result, no State in India has a ‘Uniform Civil Code’ except Goa (this is only because former Portuguese laws are still in force in Goa). Even so, there are quite a few objections to this Act. This article aims to address these issues…

1. What is the ‘Uniform Civil Code’ ?

The Uniform Civil Code means enforcing the same law across the country while going beyond religion, caste, community lines. If the Uniform Civil Code is implemented, the same law will be applicable across the country on social issues like marriage, divorce, inheritance and adoption. It will not have an independent court or a separate legal system based on religious grounds. Article 44 of the Indian Constitution directs the state to enact a ‘Uniform Civil Code’ for all religions at the appropriate time. The point to make clear here is that the Uniform Civil Code can only bring equality in public life, not in personal life.

2. Point of view of those who support a Uniform Civil Code

A. At present different types of laws of different denominations increase the burden on the judiciary. This burden will be lightened and the judicial processes in this regard will be facilitated. At present, people of all faiths go to court for marriage, divorce, adoption, and partition of property based on their religious laws.

B. The Uniform Civil Code will give equal treatment to the citizens and will negate the current politics of using religious sentiments for votes.

C. Gender discrimination in the name of religious laws in some sects will be eliminated. In particular, four marriages are allowed under Muslim law. Four marriages affect the marital life of a married woman.

3. Clearing the air on the objections to a Uniform Civil Code

Objection A : Opponents of the uniform civil code claim that it is like applying Hindu law to the people of all religions.

Clarification : It would be in fact inappropriate for anyone to raise such an objection unless a draft of the Uniform Civil Code comes up. While no draft of the Uniform Civil Code has been publicised yet, it is being touted as an “anti-Muslim” move.

Objection B : Article 25 of the Indian Constitution gives people of any religion the freedom and protection to propagate their religion. Therefore, due to this, certain religions are bound to come under attack.

Clarification : This objection of the opponents is also meaningless. The Uniform Civil Code is concerned with public life, not with regard to individual freedom of religion. Marriage, divorce, inheritance, partition of property to relatives, adoption in a family, etc. are not personal but involve other persons.

4. Will the Uniform Civil Code be obeyed ?

Hindu community in India is law abiding. For Hindu community, 5 laws have been enacted till date – 1. The Hindu Marriage Act – 1955, 2. The Hindu Succession Act – 1956, 3. The Hindu Disposition of Property Act – 1916 4. The Hindu Minority and Guardianship Act – 1956 and 5. The Hindu Adoptions and Maintenance Act – 1956. All these laws were followed by Hindu community, but what about other religions ? Do they follow any law that governs their religion or their ideologies ? Despite the passage of the The Muslim Women (Protection of Rights on Marriage) Act, 2019 (commonly known as the Triple Talaq Act), official figures state that there are at least 10 instances of ‘Triple Talaq’ per month in Uttar Pradesh. In the year 2020, the Central Government passed the Citizenship (Amendment) Act, 2020; however, it caused so much unrest and rioting that even two years after the law was finally enacted, the Union Home Ministry has not displayed the courage to issue a ‘notification’ for its implementation. Recent incidents of Hijab supporting students boycotting crucial examinations against the hijab ban upheld by the Courts, are fresh in public memory. So even if the Uniform Civil Code is applied, it remains to be seen if it will be complied with!

– Mr. Chetan Rajhans, National Spokesperson, Sanatan Sanstha