Q.11 Discuss the possible factors that inhibit India from enacting a uniform civil code for its citizens, as provided in the Directive Principles of State Policy. GS-II: POLITY (UPSC CSE 2015)

Answer.

INTRODUCTION:

Historically, leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a UCC while drafting the Constitution. However, due to opposition from religious groups and the socio-political context of the time, it was included as a directive principle rather than a fundamental right.

BODY:

Article 44 of the Indian Constitution seeks to replace personal laws based on religious scriptures and customs with a standard set governing all citizens.

Implementing a Uniform Civil Code (UCC) in India faces several challenges rooted in the country’s diverse cultural, religious, and political landscape. Here are the key factors inhibiting the enactment of a UCC:

• • Diverse Personal Laws: India’s rich cultural and religious diversity is reflected in its laws, which vary significantly among Hindus, Muslims, Christians, and other communities. Each community has its legal framework governing personal matters like marriage, divorce, and inheritance.
  • Tribal Autonomy: Many tribal communities have customary laws and governance systems. Implementing a UCC could be perceived as an imposition of mainstream cultural norms, threatening their autonomy and way of life.
  • Constitutional Concerns: Articles 25 and 26 of the Indian Constitution guarantee freedom of religion and the right to manage religious affairs. Many communities fear that the UCC could infringe upon these rights by imposing uniformity on personal matters. UCC might undermine the distinct cultural identities of minority communities protected under Article 29 of the Constitution.
  • Legal Pluralism and Historical Precedents: During British colonial rule, personal laws were preserved to maintain social order, leading to a legacy of legal pluralism. The Supreme Court, in cases like Shah Bano (1985) and Sarla Mudgal (1995), has called for a UCC but acknowledged the complexities involved in balancing religious freedom with legal uniformity.
  • The virtue of Directive Principles: The UCC is mentioned in the Directive Principles of State Policy under Article 44 of the Indian Constitution, which states that the State shall endeavor to secure a uniform civil code for citizens throughout India. However, the directive principles are non-justiciable, meaning they are not enforceable by law but serve as guidelines for the government.
  • Political Willpower: The UCC is politically sensitive, with various political parties having differing stances based on their voter base. Implementing a UCC requires strong political will, often lacking due to potential backlash.
  • Fear of Majoritarianism: Minority communities often perceive the UCC as an imposition of the majority’s norms, fearing marginalization and loss of cultural identity. Given the sensitivity surrounding religious and cultural practices, there is a risk that attempts to implement a UCC could lead to social unrest and deepen communal divides.

CONCLUSION:

Implementing a Uniform Civil Code in India requires a phased and inclusive approach that respects the country’s rich cultural and religious diversity. The government can work towards achieving legal uniformity by engaging in open dialogue with religious leaders, addressing misconceptions through educational campaigns, and ensuring that the UCC focuses on eliminating discriminatory practices while respecting essential religious customs.