Approach

Introduction: Define Uniform Civil Code (UCC) and also mention the relevant constitutional article.

Body: Mention the various challenges in the implementation of the Uniform Civil Code in India.

Conclusion: Suggest a way forward.

Answer:

UCC is a set of rules/regulations, which proposes to replace the personal laws (that deal with matters such as marriage, divorce, inheritance, adoption etc.) based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India.

Challenges in the implementation of the Uniform Civil Code:

1. Infringement of Fundamental Rights: Critics argue that implementing a UCC may infringe upon the right to religious freedom guaranteed by the Indian Constitution, under Articles 25 to 28. For example, The Supreme Court in Vishwa Lochan Madan vs Union Of India & Ors on 7 July 2014 declared that Muslim Shariat courts have no legal sanction, it drew a sharp reaction from some Muslim clerics who tried to defend their right to practice their religion, including the issue of fatwas, under the constitutional guarantee of religious freedom.
2. Diversity in personal laws: As, Law Commission, in its 2018 consultation paper, noted that certain tribes in Meghalaya follow a female line of descent and property is inherited by the youngest daughter. While among certain Naga tribes, women are not allowed to inherit property or marry outside of the tribe. These differences in cultural practices would also have to be considered when it comes to drawing up a Uniform Civil Code.

1. Social Disruption and Backlash: Recently we witnessed protests against the Uniform Civil Code (UCC) in several states in India, including Kerala, Nagaland, and Meghalaya. The protests were organized by various religious and political groups who were concerned that the UCC would infringe on their religious and cultural rights.

1. Lack of Political will: The implementation of a UCC requires political consensus, which critics argue is challenging to achieve due to differing ideologies and interests among political parties and religious groups. As successive governments have failed to provide a UCC as they have succumbed to the vested interests of large sections of patriarchal Hindu society and of Muslim groups who want to follow Sharia law.
2. Opposition from the religious groups: This is one of the most trivial and obvious hurdles to bringing up the UCC, as fundamentalism is deep-rooted in many of the religions in India. Also, the minorities are fearful that UCC would be mainly dictated to and influenced by the majority religious communities and would neglect their cultural traditions.
3. Customary laws of North Eastern states: The Law Commission, in its 2018 consultation paper noted the special protection given to cultural practices of different scheduled tribes in certain states would pose practical difficulties in the formulation as well as implementation of UCC.

Way Forward

1. Reforms within existing personal laws: It's suggested that focusing on reforms within existing personal laws might be a more pragmatic approach. E.g. The Law Commission recommended streamlining inheritance laws and removal of discrimination against women in matters relating to guardianship and custody of minor children etc.
2. Codification of Personal Laws: According to the Law Commission, in order to ensure that the diversity of personal laws is preserved and at the same time personal laws do not contradict fundamental rights, it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible, and the inequalities that have crept into codified law should be remedied by amendment.
3. Gradual approach: The Law Commission in 2018 suggested that “rights can be reconciled by making piecemeal changes to laws wherever necessary” in the various personal laws instead of looking at a UCC. e.g. In 2020, the Supreme Court under the Hindu Succession Act recognised women’s equal coparcenary rights in ancestral property and the Muslim Women (Protection of Rights on Marriage) Act, 2019 etc. a step in the right direction.
4. Consensus-based approach: It is important to engage with a diverse range of stakeholders, including legal experts, social reformers, religious leaders, community representatives, and the public at large. In order to make sure that multiple perspectives are considered and the concerns of different communities are addressed.
5. Sensitization and Awareness: Public awareness campaigns and sensitization programs should be conducted to educate the public about the UCC, its objectives, and its potential benefits. This would help in addressing the fears among the minorities with regards to UCC and would help build a consensus and generate support among the masses with regards to UCC.