[Nataliia Shulga/Al Jazeera]
India, a nation celebrated for its diverse tapestry of cultures and religions, is currently engaged in a significant debate surrounding the implementation of a Uniform Civil Code (UCC). As the country approaches its next general election, the ruling Bharatiya Janata Party (BJP), led by Prime Minister Narendra Modi, has brought the concept of a UCC to the forefront once again. This proposal aims to establish a single set of laws governing personal matters for all citizens, regardless of their religion. Currently, while criminal laws are uniform across India, civil matters such as marriage, divorce, inheritance, and adoption are governed by separate personal laws that are deeply rooted in religious texts and customs. This article delves into the complexities of the UCC debate, exploring its potential implications, the arguments for and against it, and why it has become such a contentious issue in India today.
The idea of a Uniform Civil Code is not new to India. It proposes to replace the existing system of diverse personal laws with a unified set of rules applicable to every citizen in personal matters. Proponents argue that this move is essential for gender equality, national integration, and simplifying the legal framework. Prime Minister Modi himself has advocated for the UCC, asserting that a modern nation should not operate with “dual laws.” He and his party, the BJP, particularly highlight the perceived gender biases within Muslim personal laws, although activists point out that gender inequality is present across various religious personal laws.
However, the UCC is not without its critics and challenges. Minority religious groups and tribal communities in India express concerns that a uniform code could infringe upon their constitutional rights to religious freedom and cultural practices. They fear that a UCC might impose the values and norms of the majority, potentially eroding their distinct identities. The debate is further complicated by the existing socio-political climate in India, where concerns about Hindu majoritarianism and the treatment of minorities have been on the rise.
India’s Law Commission, tasked with advising the government on legal reforms, has received millions of responses regarding the UCC, indicating the widespread public interest and concern. This raises critical questions: Is a UCC truly necessary for India? What changes would it bring? Are there genuine benefits, and what are the potential risks associated with such a significant legal overhaul?
Understanding Indian Secularism and the UCC’s Historical Context
To understand the current debate, it’s crucial to Define Uniform Civil Code within the context of India’s unique approach to secularism. Unlike in many Western nations where secularism often implies a strict separation of state and religion, India’s secularism has historically accommodated diverse religious practices, particularly in personal laws. This approach has allowed different communities to manage their family affairs according to their religious customs, especially in matters of marriage, divorce, inheritance, and property rights.
Jawaharlal Nehru, head of India’s Interim Government, Louis Mountbatten, Viceroy of India and Muhammad Ali Jinnah, President of the Muslim League, discuss Britain’s plan for India at the historic India Conference in New Delhi, June 2, 1947. Nehru’s approach to secularism was framed by the wounds of partition and his belief that minority insecurities needed to be addressed, say experts [File: Max Desfor/AP Photo]
The concept of a uniform civil code itself has international precedents. Several multicultural nations have adopted unified civil codes. France, as early as 1804, replaced numerous local laws with a single civil code. Other European countries like Italy, Spain, Germany, Portugal, and Ireland, along with Middle Eastern nations like Egypt and Turkey, have also implemented common personal laws. Even in the United States, while states have some autonomy in local laws, the Supreme Court can establish nationwide rules, as seen in the legalization of same-sex marriage in 2015.
In India, the conversation around personal laws dates back to the pre-independence era. The draft Hindu Code Bill, aimed at addressing caste discrimination and empowering Hindu women, was introduced in the legislative assembly of British India in 1947 and subsequently in independent India’s constituent assembly in 1948. Interestingly, the Rashtriya Swayamsevak Sangh (RSS), the ideological parent of the BJP and now a strong advocate for UCC, initially opposed the Hindu Code Bill, viewing it as disruptive to Hindu society.
During the drafting of India’s Constitution in 1948, the idea of a UCC was debated. Some members argued it would strengthen national unity and reflect secular principles. However, Muslim members voiced concerns about religious freedom. Ultimately, the UCC was included in the Directive Principles of State Policy (Article 44), a part of the constitution that is not immediately enforceable but sets aspirational goals for the state. This placement indicated that the implementation of a UCC was intended to be gradual and achieved through consensus, not coercion.
Following extensive debates, the Hindu Code Bills were enacted in the 1950s, leading to the Hindu Marriage Act (1955), the Hindu Succession Act, and the Hindu Minority and Adoptions and Maintenance Act (1956). These laws reformed Hindu personal laws, enhancing women’s rights in marriage, divorce, and inheritance. However, Hindu nationalists have often criticized the exemption of religious minorities from these reforms, perceiving it as discriminatory against the Hindu majority.
Veteran historian Mridula Mukherjee highlights the context of post-partition India under Prime Minister Jawaharlal Nehru. Nehru recognized the insecurity felt by minorities after the partition and believed that imposing laws on them would be counterproductive. The Hindu Code Bills themselves were enacted after years of consensus-building.
The UCC debate resurfaced prominently in 1985 with the Shah Bano case. The Supreme Court ruled in favor of a divorced Muslim woman’s right to maintenance from her former husband. However, the then-government, under pressure from conservative groups, passed a law that effectively nullified the Supreme Court’s judgment. This incident fueled the Hindu right’s narrative that the state prioritized women’s rights selectively, only when it involved reforming Hindu practices.
In the lead-up to the 2014 national elections, the BJP pledged to implement a UCC if elected. Despite this promise, the Law Commission stated in 2018 that a UCC was “neither necessary nor desirable” at that stage, emphasizing that secularism should accommodate India’s diverse cultural fabric. These contrasting viewpoints highlight the ongoing tension and complexity surrounding the UCC in India.
Navigating the Need for Caution in UCC Implementation
Political scientist Rajeev Bhargava emphasizes the legitimate role of the state in reforming personal laws to promote equality, fairness, and individual freedoms. He argues that reforms should primarily be grounded in the “principle of gender justice.” However, he cautions against a hasty or imposed UCC, stressing the need to carefully balance necessary changes with the protection of communities’ cultural identities.
“There is no reason to believe that our local customs to marriage, inheritance and adoption will be similar. They will be very different, and those differences cannot be erased,” Bhargava notes, highlighting the inherent diversity of Indian society.
The BJP has often portrayed itself as a champion of Muslim women’s rights, particularly by outlawing ‘triple talaq’ (instant divorce), which was banned in 2019 after the Supreme Court deemed it unconstitutional in 2017. Critics, however, argue that this focus is selective and politically motivated to demonize Islam. They point to instances like the 2022 release of Hindu men convicted of gang-raping a Muslim woman during the 2002 Gujarat riots, questioning the government’s genuine commitment to women’s rights across communities.
Indian Muslim protesters hold placards as they march against the bill to ban ‘Triple Talaq’. The bill became law in 2019, but many Muslim activists argue that the move by the government isn’t about helping the community’s women, but is aimed at demonising their religion [File: Altaf Qadri/AP Photo]
Many Muslim women activists argue against the assumption that Muslim women need external saviors. Asma Zehra, president of the Sharia Committee for Women, asserts that “The Sharia law provides a framework that promotes equality, education and personal growth for women.” She highlights that Muslim personal laws already provide women with rights, including the ability to seek divorce, inheritance rights (albeit half the share of male heirs), and the right to ‘mehr’ (dower) and maintenance from their husbands. This contrasts with practices in other communities, such as the dowry system in Hindu marriages, which despite being illegal, persists and often places financial burdens on the bride’s family.
It’s crucial to acknowledge that reform movements against patriarchal practices within various religious communities in India have often been led by women from within those communities themselves, including Muslim and Christian women.
The core issue in the UCC debate is not merely about specific legal practices but the deep-seated anxieties among minorities that a uniform code could be a tool for the government to target them and undermine their distinct identities. These concerns extend beyond the Muslim community.
Minority Concerns and the Climate of Mistrust
Prime Minister Modi, in public addresses, has accused opposition parties of “instigating Muslims” against the UCC, seemingly framing the debate as one driven by political opposition rather than genuine concerns. However, historians, political scientists, and minority community leaders contend that the BJP government’s own actions have fostered an environment of mistrust.
In recent years, several BJP-ruled states have enacted laws restricting interfaith marriages involving religious conversion, often under the guise of combating “love jihad”—a conspiracy theory alleging Muslim men target Hindu women for conversion through marriage. Incidents of violence against Muslims, including lynchings over accusations related to beef or cow slaughter, have become increasingly frequent.
The revocation of the special status of Jammu and Kashmir in 2019, a Muslim-majority region, and the subsequent accusations of demographic engineering, along with the introduction of the Citizenship Amendment Act (CAA) in 2019, which is perceived as discriminatory against Muslim asylum seekers, have further amplified minority anxieties.
Historian Mukherjee argues that the UCC is being used as a political tool against Muslims. The Hindu right-wing narrative often propagates the myth of Muslims using polygamy to increase their population and eventually outnumber Hindus. However, data reveals that Muslim fertility rates are declining faster than any other religious group in India, and the community comprises only 14% of the total population, compared to 80% Hindus. Furthermore, polygamy rates are similar across religious communities, despite Muslim personal law permitting it (though Bhargava suggests it should be banned) while other personal laws prohibit it.
These facts debunk the “myth” that Mukherjee argues the RSS promotes, which portrays Indian Muslims as a threat to Hindus.
Christian communities in India also harbor apprehensions about the UCC, particularly in light of increasing attacks on Christians under accusations of religious conversions. Michael Williams of the United Christian Forum fears that a UCC, mirroring existing anti-conversion laws, could restrict Christians’ freedom to marry individuals of their choice. He also raises concerns about the potential impact on Christian marriage ceremonies, fearing that a UCC might diminish the religious significance of church weddings and the role of the clergy in community life.
A nun reacts as people protest against attacks on the Christian community, churches and institutions across India at a ground in Mumbai, India, April 12, 2023 [Francis Mascarenhas/Reuters]
Sikh religious authorities have also expressed reservations, warning against a UCC that might impede the practice of their religious customs. While Sikhs largely follow Hindu personal laws, they have community-specific marriage laws in some states. They too have faced accusations of being “anti-national” for opposing government policies.
Tribal communities also fear that a UCC could erase their distinct identities and legal systems, especially as new forest laws are being introduced that could weaken protections for tribal lands and customs.
Political Dynamics and the Path Forward
Currently, the UCC debate is characterized by uncertainty and political maneuvering. Key questions remain unanswered: Will Hindu personal laws also be altered? Will there be multiple laws or a single overarching code? Will the UCC primarily target Muslim personal law? What will be the fate of the Special Marriage Act, which allows inter-religious marriages?
The lack of clarity has created a politically charged environment. Several BJP-ruled states have indicated they are considering implementing UCCs within their jurisdictions, while opposition-led states have passed resolutions against it. Even within the BJP’s own political coalition, allies in northeastern states with significant tribal populations have voiced opposition.
Mukherjee suggests that the government’s strategy is to “tempt” different groups into taking positions on the UCC, which can then be exploited for political gain in the upcoming elections, potentially portraying opponents as “anti-women” or “conservative.”
Bhargava proposes a more consultative and inclusive approach. He suggests that reforms to personal laws should originate from within communities, with the state playing a supportive role. He recommends the formation of a broad-based committee comprising religious leaders, citizens, legal experts, and academics to thoroughly examine the feasibility of a UCC over time, before any legislation is considered.
Ultimately, while reforms based on gender justice are valuable and may lead to some uniformity, Bhargava argues that uniformity itself should not be the primary objective of the state. The focus should remain on ensuring justice and equality for all citizens while respecting India’s rich diversity and constitutional guarantees of religious and cultural freedom.
Source: Al Jazeera
