Saathvik Gupta
The Doon School
Should India Implement a Uniform Civil Code
India is a country where equality is rooted deep in its political and legal framework. The preamble stands as a testament to this statement as one of the four objectives listed in the preamble is equality. At the face of it, equality is applied to most aspects of modern day life like uniform laws for crimes and contracts. However, this sentiment of equality seems to fade away a little bit when it comes to things like marriages, divorces and inheritances. A uniform civil code would essentially bridge this gap between equality in itself as a uniform civil code is a common set of laws governing personal matters regardless of religion, caste or tribe. In fact, Article 44 of the constitution directs the state to establish a uniform civil code amongst all citizens throughout India. Just as every coin has its flip side, even the uniform civil code has its own advantages and drawbacks.
Let’s delve into the potential advantages of a uniform civil code:
Firstly, a lot of personal laws across religions (including Hindu, Muslim and Christian law) have historically been tilted against women in cases of divorce, alimony and inheritance so a uniform civil code will not just bridge the gap between men and women across all religions, it will also standardise women’s rights and induce fairness in the legal framework of India. Moreover, a uniform civil code will also foster a stronger sense of unity amongst all the citizens of India which would also help the government to achieve one the four objectives listed in the preamble which is establishing fraternity. Furthermore, a uniform civil code will also help to detangle and simplify the judicial system which contains a lot of overlapping personal laws. This simplification of the judicial system will not just make it easy for the practitioners of law but also make it easier for the average citizens to understand the laws of their own country. Lastly, India is a secular state which means that people from all religions are accepted without discrimination so secularism in its truest form would mean equality amongst all people from all religions. Considering the fact that India is a secular state, implementing a uniform civil code would further just enhance the authenticity of the secular nature of India.
Along with advantages, everything has its own drawbacks and so does implementing a uniform civil code. Let’s look into the drawbacks of implementing a uniform civil code:
The thing that makes India stand out amongst all other countries is its diversity of people from all religions, castes and tribes. Implementing a uniform civil code may lead to a “one size fits all” approach which would eradicate the diverse and vibrant nature of India. Moreover, Article 25 of the constitution states “Freedom of conscience and free profession, practice and propagation of religion” which includes the following of religious personal laws so a mandatory uniform civil code could potentially infringe the fundamental rights of citizens. Furthermore, minorities fear that the implementation of a uniform civil code is just an imposition of majority customs disguised as uniformity. Lastly, implementing this in tribal regions (like the North-East, which has special constitutional protections under the Sixth Schedule) would present massive legal and social hurdles.
Amongst all the advantages and disadvantages, India can take the middle route which would be most suitable. Firstly, India could reform personal religious laws in a manner that they eradicate gender discrimination among themselves. Moreover, while forming the uniform civil code, India should consult community leaders, legal experts and women’s rights groups to come to a common ground while forming laws that have the consensus of everyone. Lastly, India could make a modern uniform civil code optional at first (akin to an expanded Special Marriage Act) to let it gain organic acceptance.
In conclusion, implementing a uniform civil code is not a legal issue, but a very deeply rooted social one. India should not aim to implement the uniform civil code just for the sake of it but should try to establish true equality amongst its citizens and establish a sense of fairness and justice amongst itself.
