A recent observation by the Supreme Court of India regarding the failure of every post-Independence government to adopt a Uniform Civil Code (UCC) which applies to all religious communities equally across the spectrum has made headlines in many regional and national dailies.
The observation was made during hearing petitions of the National Commission of Women’s Delhi chapter.
Provision for UCC is incorporated in Article 44 under the Directive Principles chapter of the Constitution, which says, “The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India”.
The Supreme Court went on to remark specifically that the majority Hindu community has been more tolerant and receptive of changes brought in their personal law but the government has failed to replicate that success in upgrading the personal laws of minorities.
The other major issue is the contradictory provisions laid down in various personal laws when it comes to issues like marriageable age. For example, the legal age of marriage is 18 for girls and 21 for boys. But the Hindu Marriage Act and the Prohibition of Child Marriage Act 2006 render different interpretations on what constitutes the legal age for marriage. Under the 2006 law the marriages of girls below 16 are void and marriages in the 16-18 period is voidable. Needless to say, this leads to confusion.
It takes no genius that by using the term “minorities”, the Court is referring to the Muslim community which has always shown tremendous resistance to any effort made by the government (or even some members of their community) to make changes to their personal laws. A popular example of this is the Shah Bano case which achieved tremendous infamy during the tenure of Rajiv Gandhi.
In my humble opinion the personal laws need to work side by side with a newly drafted UCC which is applicable to all communities except in a few matters regulated by the applicable personal laws. This sounds simple enough on paper but in reality this would be a monumental task keeping in mind the convincing required to be done to various communities and their religious leaders. Also because of the overwhelming political will required to undertake such a monumental effort which would affect every citizen in one way or another.
“Upgrading” ourselves to the UCC would enact the principle of “The Law is One” for all communities irrespective of cast, creed, sex, colour or religion. This would also smoothen inter-community disputes on various issues like inter-faith marriages, inheritance etc. whose cases form a large chunk of pending matters in all levels of judiciary.
Whether such a day will come when all this rings true is questionable. But let us hope anyway like we do about a lot of other things…..
Mitul Choksi
10-February 2011
2:05 PM Indian Standard Time
