UCC Debate | The Uniform Civil Code advances women's empowerment and social progress

The implementation of the Uniform Civil Code is a hot topic of debate in India and it can be argued that UCC would foster gender inclusivity in Indian society.

The onset of the monsoon rains brings chai, pakode and a hot new topic of debate among all Indians: the implementation of the Uniform Civil Code (UCC). Political parties have locked horns on this issue in anticipation of the upcoming monsoon session of Parliament. Though not a new topic, the issue of the Uniform Civil Code has become one of the most discussed issues, especially since the Law Commission of India, by its public notice dated 14th June 2023, solicited views from the public on the same. Though this exercise has been undertaken in the past, there appears to be political will to move ahead with the long-awaited implementation of the Uniform Civil Code. Let’s go beyond the myopic view of vote bank politics and examine why UCC is necessary and the impact of its implementation.

Perhaps, the most important and significant impact of the UCC will be on women's welfare and empowerment. (PTI)

The concept of 'One Nation One Law' finds its origins in India’s Constitution itself. Article 14 of the Constitution provides for equality before the law and equal protection of the law to all. Further, Article 15 prohibits discrimination based on religion, race or caste. A conjoined reading of both these articles would show that all the citizens of India should enjoy the same treatment under all the laws that are in force. In fact, Article 44, which forms a part of the Directive Principles of State Policy, obligates the State to "secure for the citizens a uniform civil code throughout the territory of India".

Through its judgments, the Hon'ble Supreme Court of India has also played a pivotal role in shaping the discourse on the Uniform Civil Code. In judgements like Mohammad Ahmed Khan v. Shah Bano Begum (1985) and Sarla Mudgal v. Union of India (1995), the Hon'ble Supreme Court has highlighted the urgent need to promote gender equality, social cohesion, and progress through a common set of laws. The top court emphasised the need for a UCC to ensure consistency and equality across religions. By embracing a unified legal framework, India can strive towards a future that celebrates equality, justice, and the shared aspirations of its citizens, transcending religious boundaries for the collective betterment of society.

India's legal system is complex, with varying personal laws for different religious communities. This multiplicity of laws poses challenges in governance, administration, and the delivery of justice. While deciding the case of John Vallamattom v. Union of India (2003), the Hon'ble Supreme Court observed that a Uniform Civil Code would end the loopholes in the domains of marriage, divorce, inheritance, and property, existing in various personal laws. A unified code would streamline legal procedures, reduce ambiguities, and promote consistency in legal interpretations. This simplification would benefit individuals and society, enabling greater clarity, fairness, and transparency in legal matters.

Perhaps, the most important and significant impact of the UCC will be on women's welfare and empowerment. Personal laws under various religious beliefs often have certain customs and practices that are detrimental and discriminatory towards women's rights in areas such as marriage, divorce, inheritance, and property rights. By enacting a UCC, these inequalities can be rectified, ensuring that women from all religious backgrounds are granted equal rights and opportunities. Issues like child marriages, polygamy, triple talaq, right to maintenance, inheritance and property rights can effectively be addressed by the way of UCC.

UCC would establish a uniform minimum age of marriage, protecting women from child marriages, irrespective of their religion or custom. This would, not only ensure the physical well-being of the girl child, but also ensure that women have the opportunity to complete their education, develop skills, and make informed decisions about their future. Similarly, though the practice of triple talaq has been declared unconstitutional by the Hon'ble Supreme Court, a well-codified UCC dealing with divorces will ensure a uniform and just system for dealing with matters of marital discord. UCC would also establish a uniform standard for maintenance provisions, ensuring that women from all religious backgrounds have equal access to financial support in cases of separation, divorce, or abandonment. By providing a common set of laws, the UCC would empower all women, promote gender equality, and contribute to building a more inclusive and progressive society that values and upholds the rights of all its citizens, irrespective of their religious affiliation.

There is a lot of opposition to the UCC on the grounds that it would interfere with the religious freedoms granted under Article 25 of the Constitution. This argument is neither legally sustainable nor factually correct. A bare reading of Article 25 would indicate that the right to practice religion is subject to morality and other fundamental rights in the Constitution. This means that one's right to religion cannot be exercised in violation of the right to equality, under Article 14, enjoyed by all people of India and their right to live with dignity under Article 21. Uniform laws, which are enacted for the protection of all, and which aim to remove social evils like underage marriages etc., are a necessary fundamental right guaranteed under Articles 14 and 21 to all citizens irrespective of their religious faiths, and Article 25 can never be legally used to oppose the implementation of UCC.

UCC is not aimed at altering any individual's religious faith, beliefs or practices. UCC only regulates and standardises certain legal aspects relating to marriage, divorce, maintenance and inheritance. Customs and practices, which are redundant in the modern age and have become a source of social evil and harassment, can be removed by codifying and standardising laws to govern them.

A well-drafted UCC will set the stage for India to become a more progressive society. UCC would facilitate reforms that promote individual freedoms, human rights, and social justice. It would enable laws to reflect the evolving needs and aspirations of a modern society, fostering progress and inclusivity.

Bansuri Swaraj, is the co-convenor of the Legal Cell, BJP Delhi State, and a practising lawyer in the Supreme Court.