How to Draft A Uniform Civil Code

Syllabus Topic: GS Paper 1 – Society and diversity of India,

Source: This post is based on the article “How to Draft A Uniform Civil Code”, published in The Times of India on 24^th July, 2023.

News: The article emphasizes the importance of creating a UCC that is not biased towards any religion and ensures equality, liberty, and dignity for all citizens.

The UCC should be drafted in a way that it does not discriminate against women and should be inclusive of all gender identities.

Historical Background

The idea of a UCC was first discussed on March 30, 1947, by the Sub-Committee on Fundamental Rights set up by the Constituent Assembly.

The members were divided on the issue, with some advocating for a UCC as a fundamental right, while others were concerned about the potential backlash from the Muslim League.

The result was a compromise where the state would “endeavour” to secure a UCC, but no actual code was drafted.

What are the gender related issues in present personal laws?

The current religious laws in India, including the Hindu Succession Act and the Muslim law of marriage, are discriminatory towards women.

Hindu Succession Act follows a patriarchal notion that a woman severs all ties with her birth family upon marriage. Similarly, the Muslim law of marriage, which allows a man to have up to four wives, while women is allowed to have only one husband.

Restitution of conjugal rights is an outdated concept. Under this law, a court orders a wife to return to her husband, in case a wife separates without divorce and without giving a reason.

What should be the key Features of the Proposed UCC?

The UCC should be comprehensive, inclusive, and gender-just. It should enhance the constitutional principles of equality, liberty and dignity of each member of the family. The Law Commission of India has an opportunity to frame a code with such features. For example;

The proposed UCC should distinguish between the legal and the sacred aspects of marriage.

The law should only tackle the question, whether the marriage is between two freely consenting adults who are not in an existing marriage. A simple registration process can prevent men from marrying multiple times.

The concept of “illegitimate” children should be discontinued, and children in atypical families, like those born to homosexual couples or outside wedlock should be treated the same as children in typical ones.

The law should also ensure equal shares for persons of all gender identities across religions in matters of inheritance.