India, a nation celebrated for its diverse tapestry of cultures and religions, currently operates under a complex legal framework where personal laws differ based on religious affiliations. These laws govern critical aspects of life including marriage, divorce, inheritance, and adoption. The concept of a Uniform Civil Code (UCC), envisioning a single set of laws for all citizens irrespective of their faith, has been a topic of discussion since India’s independence. The Indian constitution itself encourages the state to “endeavour” to establish such a code. However, this aspiration has largely remained unfulfilled, described by the Supreme Court as a “dead letter.” Now, the ruling Bharatiya Janata Party (BJP), led by Prime Minister Narendra Modi, is actively reviving the UCC debate, with several BJP-governed states like Uttar Pradesh, Himachal Pradesh, and Madhya Pradesh publicly advocating for its implementation.
The idea of Uniform Civil Code has divided opinion in India
The UCC has long been a cornerstone of the BJP’s political agenda, alongside other key promises such as the construction of a temple in Ayodhya and the revocation of Kashmir’s special status. With the temple construction underway and Kashmir’s autonomy altered, the focus has shifted towards the UCC. The Hindu nationalist rhetoric championed by the BJP frames the UCC as a necessary step to counter perceived “regressive” personal laws, particularly those of Muslims. They often cite the now-criminalized practice of “triple talaq,” or instant divorce in Islam, as an example. The BJP’s political manifesto explicitly states that “gender equality” cannot be achieved until India adopts a Uniform Civil Code.
However, as political analyst Asim Ali points out, the situation is far from simple. Implementing a UCC is not merely a matter of legal uniformity; it’s a complex undertaking with potentially far-reaching societal consequences, even for the Hindu majority that the BJP claims to represent. “The UCC would disrupt the social life of Hindus as well as Muslims,” he argues, highlighting the intricate nature of personal laws in a country as diverse as India.
Over 90% of couples live with the husband’s family after marriage in India
The challenge lies in the sheer diversity of personal laws across India. While Hindu personal laws are prevalent, they are not monolithic, varying significantly across communities and states based on local customs and traditions. Similarly, Muslim personal law, while generally more uniform, also exhibits variations, with some Sunni Bohra Muslims, for instance, adhering to Hindu legal principles in matters of inheritance and succession. Furthermore, property and inheritance rights are governed by different laws in different states. Christian-majority states in Northeast India, such as Nagaland and Mizoram, have their own personal laws rooted in local customs rather than religious doctrine. Even Goa, which already has a common civil code dating back to 1867 applicable to all communities, maintains distinct rules for Catholics and other groups, including provisions that permit bigamy for Hindus under specific circumstances.
The legislative power over personal laws is shared between the federal government and individual states in India. This has led to states enacting their own amendments and laws since the 1970s. For example, several states had already amended their laws to grant daughters equal inheritance rights to ancestral property decades before the landmark 2005 federal amendment to Hindu personal law that achieved the same nationwide.
Women leaders of the BJP have supported the idea of an Uniform Civil Code
Examining specific aspects of personal laws further illustrates the complexities. Consider adoption: Hindu tradition recognizes adoption for both secular purposes, such as ensuring inheritance, and religious purposes, like continuing family rituals. In contrast, Islamic law does not recognize adoption in the same way. However, India also possesses a secular “juvenile justice” law that permits adoption for all citizens, regardless of their religion.
Legal experts question the very foundation of a UCC: which principles should it be based upon? “What principles do you apply – Hindu, Muslim, or Christian?” asks Alok Prasanna Kumar, a legal policy expert at the Vidhi Centre for Legal Policy. He emphasizes that a UCC must address fundamental questions: the criteria for marriage and divorce, adoption processes and consequences, rights to maintenance and wealth division after divorce, and rules of property inheritance.
The political implications are equally significant and potentially volatile. A UCC could trigger considerable backlash. For instance, how would a BJP government reconcile a uniform law promoting inter-religious marriages with the anti-conversion laws it has actively supported to restrict such unions? As Mr. Ali suggests, the BJP might be considering implementing UCC in smaller states without fundamentally altering existing customary practices to minimize social disruption while scoring political points.
Many Muslim women welcomed the bill that made ‘triple talaq’ a criminal offence
Even the Supreme Court’s stance on UCC has been ambiguous. Over the past four decades, various judgments have urged the government to enact a UCC for national integration. However, in 2018, the Law Commission of India, a government advisory body on legal reforms, concluded that a UCC was neither “necessary nor desirable.”
It’s clear that the UCC is not a simple solution. According to Mr. Kumar, “Uniformity doesn’t even bring any value to a law let alone a big value. What makes a good law is that it is just, clear and constitutional.” Experts suggest that addressing gender inequalities within existing personal laws through amendments might be a more effective approach than imposing a uniform code. This would involve adopting best practices from various personal laws to ensure justice and equality.
Mr. Ali believes the BJP’s pursuit of UCC in several states is less about popular demand or electoral gains and more about consolidating political power and reinforcing their Hindu nationalist identity within the party structure. Questions remain about the BJP’s long-term strategy, given their past inaction on UCC despite being in power in numerous states for extended periods. With national elections approaching, is the UCC being strategically deployed as a political tool? Mr. Kumar concludes, “The UCC is a lot of noise at the moment, and the debate is not even political yet. Show us a draft of the proposed law first.”
You may also be interested in:
Triple talaq: Why I fought instant divorce
Asia
India
