The Uniform Civil Code (UCC) in India is a proposed set of laws that would replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. These laws cover marriage, divorce, inheritance, adoption, and maintenance. The debate over UCC dates back to the time before India’s independence, and it was enshrined in Article 44 of the Indian Constitution as a Directive Principle of State Policy, which urges the State to apply these laws to all citizens. The intent behind UCC is to promote national unity and ensure equality, justice, and dignity for all, irrespective of their religion. Yet, its implementation has been controversial and complex due to the diversity of religious practices and the sensitivity related to personal laws.
Jargon
- UCC (Uniform Civil Code): A proposed set of common laws for all citizens of India, irrespective of their religion, covering areas like marriage, divorce, inheritance, and adoption.
- Directive Principles of State Policy: Guidelines or principles given to the federal institutes governing the State of India, intended to be kept in consideration while framing laws and policies.
- Article 44 of the Indian Constitution: A directive principle that urges the State to secure a Uniform Civil Code for all citizens.
Left Viewpoint
Ideological Differences
Right Viewpoint
- Emphasizes the importance of respecting India’s cultural and religious diversity.
- Argues that a UCC could infringe on religious freedom and minority rights.
- Suggests a cautious, consultative approach to reform existing personal laws rather than implementing a UCC.
- Supports piecemeal reforms focused on gender justice within each community’s personal laws.
- Raises concerns about the potential misuse of UCC for political gains rather than actual social reform.
Prominent Voices
- Asaduddin Owaisi: Criticizes the UCC as unnecessary and potentially harmful to India’s pluralistic society.
- Justice Balbir Singh Chauhan (Retd.): Believes that UCC is neither necessary nor desirable at this stage, suggesting instead amendments in religion-wise family laws.
- Jairam Ramesh (Congress): Highlights previous Law Commission’s advice against UCC, stressing it is currently unnecessary and undesirable.
- Sanjay Hegde (Lawyer): Calls for a draft and a transparent discussion on UCC to harmonize differences without imposing a single narrative.
- Apoorvanand (Academic): Warns against the UCC as a tool to impose a majoritarian agenda under the guise of uniformity.
- The left emphasizes cultural diversity and the rights of religious minorities, viewing UCC as a potential threat to these principles.
- The right focuses on national unity, gender equality, and the simplification of the legal system, seeing UCC as a tool to achieve these goals.
- Left-leaning voices concern over the potential for UCC to be used for political gains rather than genuine social reform.
- Right-leaning voices argue that personal laws have led to inconsistencies in legal practices and sometimes perpetuate gender biases.
- There is a fundamental disagreement over whether UCC would lead to greater unity or whether it would impose a majority’s values on minorities.
- Advocates for UCC as a step towards true secularism, where law is above religion.
- Emphasizes the need for gender justice and equality, which UCC can potentially ensure across all religions.
- Views UCC as essential for national integration and simplifying the legal system.
- Argues that personal laws are outdated and have been used to perpetrate gender discrimination.
- Supports UCC as part of modernizing India and aligning its legal framework with contemporary values.
Prominent Voices
- Narendra Modi (Prime Minister): Advocates for UCC, arguing that a dual legal system based on religion is not functional for a unified nation.
- Amit Shah (Home Minister): Supports UCC, questioning the secular nature of state laws based on religion and advocating for uniformity.
- Dr. BR Ambedkar (Architect of the Indian Constitution): Historically supported UCC, advocating for a uniform law to promote gender equality and eliminate discrimination.
- Justice Y.V. Chandrachud: Has repeatedly supported UCC in judicial pronouncements, emphasizing its importance for national integration.
- BJP Manifesto: Reiterates commitment to implement UCC, viewing it as necessary for ensuring equal rights and justice.
