Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. UPSC GS MAINS 2015 PAPER 2
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A Uniform Civil Code is conceptualised as a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of their religion. It aims to replace the existing diverse personal laws that vary based on religious affiliations.
Article 44 of the Constitution, one of the Directive Principles of State Policy, states that the State must seek to ensure for people a uniform civil code across India’s territory.
It is believed that UCC is important for national integrity and equality of genders and religions. The supporters argue that personal laws based on religion can sometimes lead to discriminatory practices, especially against women.
Another argument is that a common civil code would reinforce the principles of secularism in India. The implementation of the UCC will make legislation in terms of succession and divorce easier and will oust a lot of outdated religious personal laws.
However there are many factors that inhibit to enact a Uniform Civil Code as provided in the DPSP:
The vast diversity of the personal laws, along with the devotion with which they are adhered to,
makes uniformity of any sort very difficult to achieve. Thus it is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to tremendous cultural diversity in India across religions, sects, castes, states etc.
Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom.
Some people also argue that it would lead to a loss of the culture and the identity of the minorities in the Indian society. They fear that a common code will neglect their traditions and impose rules which will be mainly dictated and influenced by the majority religious communities.
The governments lack the will to face the consequences of abolishing the personal laws and to convince the people about justice and reform they want to bring to the society in order to grow better as a nation. On the other hand the fact is that the minorities are always treated as vote bank by political parties which becomes a hurdle in implementing the Uniform Civil Code.
Communal leaders get support from unaware masses and the reality of Uniform Civil Code is easily mended.
Masses are unaware about UCC and many people still do not know what the uniform civil code really means. This makes a rational debate on its implementation quite difficult.
There is also an apprehension that the uniform civil code may be in conflict with the fundamental rights of freedom of conscience of free profession, practice and propagation of religions (Article 26) and the freedom to manage religious affairs (Article 25).
Moreover there is huge opposition from the religious groups. The fundamentalism and orthodoxy which is deep rooted in many of the religions in India doesn’t seem to accept UCC easily.
All these factors are inhibiting India from enacting for its citizen a uniform civil code. However the social transformation from diverse civil code to uniformity shall be gradual and cannot happen in a day.
The better course would be to bring about small reforms, correcting some inherent irrationality in some of the personal laws, and make them suitable for modern times. The focus should also be on removing disparities between different religions. This might lay the foundation of implementing a UCC at a later date
