Uniform Civil Code (UCC) in India – Advantages and Challenges
Implementation of the Uniform Civil Code (UCC) for the citizens of the country has been a matter of debate ever since the formulation of the country. Dr B R Ambedkar, the father of Indian constitution was a supporter of the UCC but was advocating a gradual implementation. However, many of the members of the Committee for drafting the constitution and other leaders were not in favour of the implementation of the UCC. Yet, the UCC is covered in Part IV of the Constitution of India.
This article examines various pros and cons relating to the implementation of the Uniform Civil Code(UCC) in India.
Advantages of the implementation of Uniform Civil Code (UCC)
Equal status to all citizens
In modern era, progressive countries should be able to look beyond religion, caste, gender etc to ensure that all sections of the population access the benefits of development and contribute for the well being of the country. Treating all sections of the population equally is important for any progressive and developing country especially when the country follows democracy.
Around 55% of the population is below 25 years and their aspirations are influenced by the best practices across the world. They prefer to uphold the principles of equality, humanity and modernity over restrictive religious practices and gender inequalities.
Gender parity
The religious laws often differentiate based on gender and majority of them discriminates women. In terms of religious norms, often men receive preferential treatment whereas UCC brings in parity for men and women.
National Integration
An identity beyond religion will contribute towards national integration. Adoption of UCC will eliminate political wooing of sections of society by offering benefits or concessions in terms of religion. Patriotism and national laws will get precedence while religion and religious customs will remain as personal matters.
Streamlining legal practices
In legal disputes relating to personal matters like divorce, succession, adoption etc, courts have to follow different laws in relation to the religion of the parties to the dispute. With more persons resorting to inter religious marriages, the complexities of the disputes increase. The UCC will simplify legal landscapes and standardisation of legal processes will drastically improve the efficiency of legal system in the country.
Challenges in the implementation of Uniform Civil Code(UCC)
Diversity
India is a country that finds its unity in diversity. The country is characterised by diverse traditions, languages, religions, festivals and practices. The country with the largest population (more than 1.42 billion in 2023) in the world is home to people belonging to different religions. Each religion is characterised by different denominations following varying customs and practices.
Religion % of Population (2011 Census)
Hindus 79.8
Muslims 14.2
Christians 2.30
Sikhs 1.20
Buddhists 0.70
Jains 0.37
Others 1.43
With different religions prescribing different norms for personal matters like marriage, divorce, inheritance, etc., it is practically impossible to establish a uniform civil code without impacting communal harmony. Many communities, especially minority communities, describe the UCC as an encroachment on their personal beliefs and against the freedom granted by the constitution. They fear that their customs and traditions will be ignored and they may be forced to follow the practices of the dominant religion.
Sensitivity:
India, the country with the largest population is also one among the leading countries in terms of density of population. The density of population in major cities is on the higher side. People of different faiths cohabits in many parts of the country. Therefore, sensitive issues like implementation of UCC can be brought about only gradually and after creating sufficient awareness among different segments of the country following different customs and practices. This would be a time-consuming exercise. Any sudden decision or enactment of the UCC may result in distrust among different religions with far reaching implications.
Suitability of time
The Bharatiya Janata Party (BJP) has been in power in the country since 2014. BJP boasts of the support from Hindus, the majority community of the country, and its policies are aligned to Hindutva. This has been creating insecurity among minority communities especially among Muslims. Though Muslims are minority in the country, the country is the third largest in terms of population of Muslims. Few sections of the community have been demanding and preferring progressive practices in religious practices. However, large section of Muslims has been strictly adhering to religious practices and norms in personal matters. For example, legal marriageable age of Muslim girls has been different from that applicable for other communities. The same is the case with inheritance and marriage. Therefore, implementation of the UCC without discussions with the minor communities and gaining their confidence may lead to communal discords.
The BJP has been commenting about implementation of the UCC for long. In the Lok sabha elections due in 2024, the establishment of the civil code could be a major promise from the party.
Also Read
