close_game
close_game

Communities oppose UCC over lack of transparency, threat to diversity

BySabah Virani
Jul 15, 2023 04:48 AM IST

Uncertainty over UCC looms among various communities even after the Law Commission extended the last date to submit their views on it.

Even as the deadline for sending views on the Uniform Civil Code (UCC), which was July 14, was extended to July 28 on Friday, many communities in Mumbai have submitted their dissent. Their two main points of contention are the lack of transparency around the code and threat to diversity.

Communities argue uniformity doesn't always mean gender justice.(HT)
Communities argue uniformity doesn't always mean gender justice.(HT)

Read more: ‘He should resign..officially join BJP’: Owaisi jabs Kerala governor over remark on Uniform Civil Code

“What exactly is the Uniform Civil Code? Can we have a look at it?” asked Noshir Dadrawala, former trustee of the Bombay Parsi Panchayat and former secretary of the Federation of the Parsi Zoroastrian Anjumans of India (FPZAI). “If there is to be one code for everyone, we need to understand what the code is about.”

“The Law Commission of India (LCI) has asked for people’s opinions on the UCC without setting a framework for it,” said Chayanika Shah, from the Forum against the Oppression of Women and queer feminist organisation, Hasrat-e-Zindagi Mamuli. She, along with 60 other people from various organisations, sent their views under the banner of Feminist Working Group.

“There is complete lack of information about what would constitute the UCC; how it would conceive of ‘uniformity’ in matters of marriage, divorce, custody, adoption, maintenance, inheritance, etc., across diverse communities, historico-geographic locations, and irrespective of marital status, and; how the LCI envisions its implementation,” they responded.

The second objection of the communities is to the imposition of uniformity on a diverse set of people.

“We do not want uniformity in such a multi-religious society as ours. It will affect people of all religions,” said Mahmood Ahmad Khan Daryabadi, the general secretary of the All-India Ulema Council, Mumbai.

In his letter to the LCI, Dadrawala wrote, “It is common perception that the UCC will displace personal laws which govern marriage, divorce, inheritance and other family issues of all communities. Personal laws are an integral element of religion and society.

“Any tampering with personal laws would be equal to interfering with the whole way of life of people who had followed them from generation to generation,” wrote Dadrawala.

“India is a secular state, and it must not do anything that would jeopardise the people’s religious and cultural ethos... It is practically tough to come up with a common and uniform set of rules for personal issues like marriage, divorce and inheritance due to tremendous cultural diversity in India,” stated Dadrawala’s letter.

This was echoed by Dolphy Dsouza, president of the Bombay Catholic Sabha. “We’re a multicultural and plural society with different laws and religions. If change is needed, it must be made involving communities. Anything done in an authoritarian way will not work.”

Shakir Shaikh, from the Jamaat-e-Islami Hind, said, “What’s special about our country is that people from every religion and community live according to their own customs.”

“Uniformity does not work. There are many different ways of living across the country, and the law has to take all of them into account,” said Shah. “Whose way of living is being taken as the uniform for all to follow?”

The desire to preserve the myriad community practices also reigns. “The Parsis have a couple of personal laws,” said Noshir.

“One is regarding succession, which is on par with the national standards. The Parsi Marriage and Divorce Act, 1936, which recognizes the ‘Ashirwad’ ceremony as needed for a valid marriage. We would like to preserve them. None of these violates the Constitution.”

“We want to keep the right to practice our religion,” said Daryabadi. He points out that the Code would be in contravention to the fundamental rights given by the Constitution in Article 25 and Article 26, which endows the right to follow and maintain religious practices.

Also read: Before UCC, need uniform caste code: DMK opposes UCC

Another concern of Shah had to do with the collective structure of land ownership and use among Adivasis, and its incompatibility with a model based on individual land ownership.

Yet, the mood of the communities is not against change. “All personal laws and laws related to family need to be altered,” said Shah. D’Souza answered with a caveat, “Uniformity does not necessarily mean gender justice.”

rec-icon Recommended Topics
Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
See More
Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
SHARE THIS ARTICLE ON
SHARE
Story Saved
Live Score
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Thursday, February 13, 2025
Start 14 Days Free Trial Subscribe Now
Follow Us On