Does the Uniform Civil Code require to be treated in a fashion similar to the net neutrality issue? A primer on what it’s all about
The Uniform Civil Code is one of those many contentious topics in Indian politics that can stir up a hornet's nest. But before we take our stands, form opinions over dinner table conversations, and make our personal views known on a public domain, let's understand what the Uniform Civil Code is, and how it can change the lives of Indians.
The origin
Let us first understand that the UCC is not an invention of the ruling government. It was proposed in the original constitution of India, and was debated in the Parliament in 1949, and later between 1951 and 1954. Even though Prime Minister Nehru was personally in support of the bill, he was unable to convince the other members. Thus it was agreed to place the responsibility of a Uniform Civil Code on the State by including it in the Directive Principles of State Policy. This ended the first serious debate about the UCC, and gave birth to various laws and law boards, who created their respective the customs and practices for their community to abide by.
One nation, one law
Once adopted, the UCC will ensure the implementation of one law on issues like marriage, divorce/separation and inheritance, which will be uniformly applicable for all Indians irrespective of religion, caste, and community. In the current format, there are different laws for each major community. The logic? India is a diverse country and it consists of various communities that derive their personal laws based on their beliefs. But, let's pause here and ask some relevant questions – is it fair when some laws start discriminating deliberately on the basis of gender.
The decision of the current government is simply to ensure that we are all governed by a single law. As long as personal law boards exist in this country, equal rights will be a utopian concept. For example, in the current system, if a Hindu woman's husband elopes with another woman, she can drag him to the court of law and seek justice. On the other hand, a Muslim woman has no such right. On matters like divorce, women don't enjoy equal rights. Even the Supreme Court of India has indicated the need for laws that are common to all citizens. The SC through its rulings in different cases has repeatedly given a message — that the personal laws are not final.
Redefining secularism
In a country that prides itself on being the world's largest democracy and where debates on secularism occupy the centre stage every other day, for a woman of that country to still file petitions seeking maintenance after being divorced in a very abrupt way, it is shameful.
Possibly the idea of different personal laws was feasible before, but given the current scenario and the alarming rise in gender crimes, the UCC will unite the society against evils like gender inequality and misogyny. This bill should be thoroughly debated upon, and every teen needs to voice his/her opinion about one homogenous India. The entire world is seeing a rise in religious extremism, and India can set a classic example of how a diverse nation can stand united.
The youth of our country must come together to redefine secularism. A thorough study will tell you that secularism doesn't mean that religion must be separated from state institutions, as far as personal laws are concerned. We are quite vociferous on issues like net neutrality, and the UCC too deserves a similar enthusiastic treatment.
Landmark Cases
- The Supreme Court first directed the Parliament to frame a UCC in 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum. In this case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure, after she was given triple talaq from him. The SC held that a Muslim woman has a right to get maintenance from her husband under Section 125.
- The second instance in which the SC again directed the government of Article 44 was in the case of Sarla Mudgal v. Union of India. In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnize second marriage. The Court held that a Hindu marriage solemnized under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. And thus, a second marriage solemnized after converting to Islam would be an offence under Section 494[5] of the Indian Penal Code.
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