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Uniform Civil Code can be the real unifying force in India. Critics must think again

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If we are to live in a truly unified and harmonious society, where each person is treated equally, accepting and enforcing a UCC is the need of the hour.​

Aditi Narayani
ADITI NARAYANI
and Vasundhara Shankar
VASUNDHARA SHANKAR
13 May, 2022 09:16 am IST

The Supreme Court of India | Manisha Mondal | ThePrint


The Supreme Court of India | Manisha Mondal | ThePrint

The Uniform Civil Code isn’t merely a political agenda. It caters to India’s unification with a structural change in society to facilitate gender equality. The UCC can be regarded as being against the idea of divisive politics, which has always been the prime agenda of colonial design. It would be correct to assess the UCC as the final chapter in the history of India’s freedom struggle, because its implementation could correct the wrong bargains made by the sovereign after the Partition. The UCC is a step towards integrating and strengthening secular ideals of India.

The UCC will ensure empowerment of women in true sense by ending the practice of polygamy, which is currently permitted under Islamic law and is highly unfair and discriminatory to women.
Dr B.R. Ambedkar had pioneered the cause of gender equality, which led him to create the UCC in the 1950s. He was always a staunch and ardent supporter of the UCC. Followed by stiff opposition from religious conservatives, he had to retreat and re-strategise the bill. A highly politicised issue, when the Delhi High court asked the Centre to take steps towards bringing a uniform civil code, the Bharatiya Janata Party (BJP) mentioned in its manifesto that the party’s goal was to champion the cause of gender equality across religions. But the highly alluring grandeur of gender equality still remains a distant dream for Indian women.

The Azadi Ka Amrit Mahotsav that India is celebrating with fervour could not have been possible without the contribution of women and men from all backgrounds of our highly stratified society. While the makers of our Constitution brainstormed on how the document could be all-inclusive of values like justice, equality and pluralism, the UCC was on the agenda from the onset. Patriarchy once again manoeuvred the nation’s politics under the garb of religious sentiments. The UCC was added to Article 44 of the Directive Principles of State Policy.

A turning point

Drawing upon the best traditions and harmonising them with modern times, the UCC is sure to be a turning point in the history of Indian legislation. Owing to India’s diversity, it becomes difficult to overlook how the laws of each religion evolve separately and sporadically. A common, uniform, and evolved set of regulations of civil issues plaguing the society will have far-reaching impact. Ambedkar ensured the introduction of the Hindu Code Bill in the 1950s preceding huge reforms in marriage, guardianship, divorce, and inheritance despite protests from different chambers in the legislature. Even the effort of the Supreme Court to bring some parity in the status of Muslim women (Shah Bano case) was blocked by the myopic view of the Rajiv Gandhi government which believed that personal law fell in the domain of religious commune.
The UCC is moulded and worded in such a way that it promotes fundamental rights of women across all religions, castes and classes of society and gives them an equal right to inheritance, decision in marriage, divorce, adoption, etc. While several attempts have been made to codify the Hindu law with the Hindu Code Bill that was introduced in 1948, the current government’s agenda is clear — to unify all personal laws for all religions and castes alike. The central government’s stance on the UCC shows it believes that real progress of a country means progress not only on the political plane, not only on the economic plane, but also on the social plane.
There has been a lot of debate in favour and against the UCC. But one of the most important voices to be considered is that of the Supreme Court’s, which has amplified its support for the UCC in various judgments, calling it “an unaddressed constitutional expectation” and had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India”.

The critics of the UCC must think again. Perhaps a perspective of the western world would elucidate the impending need of a set of laws that would be applied on everyone in the same manner, without malice, fear, favour, or discrimination. The concept of civil law can be traced back to the Romans or even the code of Ur-Nammu of Mesopotamia. In Europe, the first country that codified civil laws in a methodical manner was France. Even countries like the UK, China, US, Russia, etc. have codified civil laws. In fact, there are very few countries where common civil laws do not exist, evidence that it facilitates dispensing justice in a fair and neutral manner.

India’s complex diversity makes the execution and applicability of the UCC difficult. However if we are to live in a truly unified and harmonious society, where each person is treated equally, accepting and enforcing a UCC is the need of the hour.
Aditi Narayani Paswan is assistant professor, Delhi University. She tweets @AditiNarayani. Views are personal.

Vasundhara Shankar is managing partner of Verum Legal, a law firm. She tweets @VSVasundhara. Views are personal.

(Edited by Prashant)


@Paitoo @-=virus=- @Joe Shearer @iamnobody @Krptonite @jamahir
 
India needs 2 reforms
This (although any "universal civil code" you make should keep the relgious sensitivities of every minority religion and ethnicity in mind, and it should be a more "flexible" civil code - if you know what I mean)
A diverse country should be very careful with anything named universal (even though personally I think it's the step in the right direction provided your intentions are noble)

B- end caste based quotas and replace em with income based quotas
Your society is reinforcing caste based identities through these quotas
 
India needs 2 reforms
This (although any "universal civil code" you make should keep the relgious sensitivities of every minority relgion and ethnicity in mind, and it should be a more "flexible" civil code - if you know what I mean)
A diverse country should be very careful with anything named universal (even though personally I think it's the step in the right direction provided your intentions are noble)

B- end caste based quotas and replace em with income based quotas
Your society is reenforcong caste based identities through these quotas
That's quite an ironic statement from you while living in the US. Which has a uniform civil code according to common law with zero consideration for any religious sentiments. If you want to, you can write it in will which is not the case in India.

We cannot end caste-based quotas, because it is still a necessity. And Majority of the poor are from lower castes. More than quotas the mentality still reinforce caste. But then it's natural for humans, division. It exists in one form or the other in all the countries. In some place it's tribal difference, class, race, ethnicity, language etc...
 
That's quite an ironic statement from you while living in the US. Which has a uniform civil code according to common law with zero consideration for any religious sentiments. If you want to, you can write it in will which is not the case in India.
US has a very, very different society, history, culture to that of India so you shouldn't compare the 2, your reality is very different

But One country= one civil code
That's the reform y'all need but that universal uniform civil code should be considerate of different cultures, languages, religions present in India or else it'll become controversial

By considerate I don't mean create different rules for different communities but the rules you make should be acceptable to all
We cannot end caste-based quotas, because it is still a necessity. And Majority of the poor are from lower castes. More than quotas the mentality still reinforce caste. But then it's natural for humans, division. It exists in one form or the other in all the countries. In some place it's tribal difference, class, race, ethnicity, language etc...
Race based quota killed South Africa, it's effecting US too- a Black and Hispanic is king
In Pak we have this too, based on impoverished areas

Overall Income levels a much better way to help people than identity based stuff
 

If we are to live in a truly unified and harmonious society, where each person is treated equally, accepting and enforcing a UCC is the need of the hour.​

Aditi Narayani
ADITI NARAYANI
and Vasundhara Shankar
VASUNDHARA SHANKAR
13 May, 2022 09:16 am IST

The Supreme Court of India | Manisha Mondal | ThePrint


The Supreme Court of India | Manisha Mondal | ThePrint

The Uniform Civil Code isn’t merely a political agenda. It caters to India’s unification with a structural change in society to facilitate gender equality. The UCC can be regarded as being against the idea of divisive politics, which has always been the prime agenda of colonial design. It would be correct to assess the UCC as the final chapter in the history of India’s freedom struggle, because its implementation could correct the wrong bargains made by the sovereign after the Partition. The UCC is a step towards integrating and strengthening secular ideals of India.

The UCC will ensure empowerment of women in true sense by ending the practice of polygamy, which is currently permitted under Islamic law and is highly unfair and discriminatory to women.
Dr B.R. Ambedkar had pioneered the cause of gender equality, which led him to create the UCC in the 1950s. He was always a staunch and ardent supporter of the UCC. Followed by stiff opposition from religious conservatives, he had to retreat and re-strategise the bill. A highly politicised issue, when the Delhi High court asked the Centre to take steps towards bringing a uniform civil code, the Bharatiya Janata Party (BJP) mentioned in its manifesto that the party’s goal was to champion the cause of gender equality across religions. But the highly alluring grandeur of gender equality still remains a distant dream for Indian women.

The Azadi Ka Amrit Mahotsav that India is celebrating with fervour could not have been possible without the contribution of women and men from all backgrounds of our highly stratified society. While the makers of our Constitution brainstormed on how the document could be all-inclusive of values like justice, equality and pluralism, the UCC was on the agenda from the onset. Patriarchy once again manoeuvred the nation’s politics under the garb of religious sentiments. The UCC was added to Article 44 of the Directive Principles of State Policy.

A turning point

Drawing upon the best traditions and harmonising them with modern times, the UCC is sure to be a turning point in the history of Indian legislation. Owing to India’s diversity, it becomes difficult to overlook how the laws of each religion evolve separately and sporadically. A common, uniform, and evolved set of regulations of civil issues plaguing the society will have far-reaching impact. Ambedkar ensured the introduction of the Hindu Code Bill in the 1950s preceding huge reforms in marriage, guardianship, divorce, and inheritance despite protests from different chambers in the legislature. Even the effort of the Supreme Court to bring some parity in the status of Muslim women (Shah Bano case) was blocked by the myopic view of the Rajiv Gandhi government which believed that personal law fell in the domain of religious commune.
The UCC is moulded and worded in such a way that it promotes fundamental rights of women across all religions, castes and classes of society and gives them an equal right to inheritance, decision in marriage, divorce, adoption, etc. While several attempts have been made to codify the Hindu law with the Hindu Code Bill that was introduced in 1948, the current government’s agenda is clear — to unify all personal laws for all religions and castes alike. The central government’s stance on the UCC shows it believes that real progress of a country means progress not only on the political plane, not only on the economic plane, but also on the social plane.
There has been a lot of debate in favour and against the UCC. But one of the most important voices to be considered is that of the Supreme Court’s, which has amplified its support for the UCC in various judgments, calling it “an unaddressed constitutional expectation” and had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India”.

The critics of the UCC must think again. Perhaps a perspective of the western world would elucidate the impending need of a set of laws that would be applied on everyone in the same manner, without malice, fear, favour, or discrimination. The concept of civil law can be traced back to the Romans or even the code of Ur-Nammu of Mesopotamia. In Europe, the first country that codified civil laws in a methodical manner was France. Even countries like the UK, China, US, Russia, etc. have codified civil laws. In fact, there are very few countries where common civil laws do not exist, evidence that it facilitates dispensing justice in a fair and neutral manner.

India’s complex diversity makes the execution and applicability of the UCC difficult. However if we are to live in a truly unified and harmonious society, where each person is treated equally, accepting and enforcing a UCC is the need of the hour.
Aditi Narayani Paswan is assistant professor, Delhi University. She tweets @AditiNarayani. Views are personal.

Vasundhara Shankar is managing partner of Verum Legal, a law firm. She tweets @VSVasundhara. Views are personal.

(Edited by Prashant)


@Paitoo @-=virus=- @Joe Shearer @iamnobody @Krptonite @jamahir
Good idea.
So now every male member of society can marry 4 women?
 
Good idea.
So now every male member of society can marry 4 women?
Then that wouldn’t be called ‘uniform code’ unless females are also allowed to do it. May be it can be called ‘Male Convenience Code.’

Uniform Civil Code would be total equality irrespective of gender, language, place of birth, religion etc.
 
US has a very, very different society, history, culture to that of India so you shouldn't compare the 2, your reality is very different

But One country= one civil code
That's the reform y'all need but that universal uniform civil code should be considerate of different cultures, languages, religions present in India or else it'll become controversial

By considerate I don't mean create different rules for different communities but the rules you make should be acceptable to all
It is controversial but the Indian constitution was built on the promise that Uniform Civil Code for all citizens will be applied, it didn't ask to take into consideration the sensitivities of different communities. Civil rights should not be linked to religious rights, it leads to unnecessary interference of religion in civil affairs. For example in my community married women has fewer rights to her father's property than the son, or during divorce, the women have to jump hoops to get the divorce proceedings done while the man can simply file one and be done with it.

Race based quota killed South Africa, it's effecting US too- a Black and Hispanic is king
In Pak we have this too, based on impoverished areas

Overall Income levels a much better way to help people than identity based stuff
In an ideal world sure, but you are comparing the US to India, we have thousands of indigenous communities, and we don't want them to erase their identity like they did in the US. The quota also provides a certain incentive for them to keep their culture. This caste-based system will eventually be erased after more people break the income barrier and we move more to a middle-income level.
 
India needs 2 reforms
This (although any "universal civil code" you make should keep the relgious sensitivities of every minority religion and ethnicity in mind, and it should be a more "flexible" civil code - if you know what I mean)
A diverse country should be very careful with anything named universal (even though personally I think it's the step in the right direction provided your intentions are noble)

B- end caste based quotas and replace em with income based quotas
Your society is reinforcing caste based identities through these quotas
What our ill-educated and ill-informed friend misses is that a Uniform Civil Code has been running in the country for some time, and all segments of society follow it, with no qualms.
 
Then that wouldn’t be called ‘uniform code’ unless females are also allowed to do it. May be it can be called ‘Male Convenience Code.’

Uniform Civil Code would be total equality irrespective of gender, language, place of birth, religion etc.

If it's only gender specific or covers a whole lot of other civil issues ?
 
WAQF board needs to be disbanded.
Why? Who administers Waqf property then?

The buffoons clamouring for a Uniform Civil Code don't even know that there are two different Hindu codes prevalent in the country.

One might imagine they would agitate to unify that first.
 
WAQF board needs to be disbanded.
Waqf board looks after the property of Muslims, why would it be disbanded?

UCC in a diverse nation in India is exactly what JINNAH warned about, a one size fit all set of laws pandering to Hindus forced upon Indian Muslims
 
Why? Who administers Waqf property then?

The buffoons clamouring for a Uniform Civil Code don't even know that there are two different Hindu codes prevalent in the country.

One might imagine they would agitate to unify that first.
Not sure what these are, but we should do away with those 2 too.m and make one rule for all.

UCC in a diverse nation in India is exactly what JINNAH warned about, a one size fit all set of laws pandering to Hindus forced upon Indian Muslims
Are you saying Jinnah was against equality?
 
Vasundhara Shankar is managing partner of Verum Legal, a law firm. She tweets @VSVasundhara. Views are personal.
(Edited by Prashant)

Some gender equality here. Two Basantis outplayed by 1 Prashant.

Views are personal but the law would be universal lol

What a damned nation
 

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