Secular Civil Code (SCC) in India

Source: The post Secular Civil Code (SCC) in India has been created, based on the article “Secular Civil Code will unify, not divide Indians” published in “Indian Express” on 20th August 2024

UPSC Syllabus Topic: GS Paper 1 – Indian Society – Salient features of Indian Society, Diversity of India.

Context: The article discusses Prime Minister Modi’s call for a Secular Civil Code (SCC) in India. It argues that the SCC would ensure equal legal rights for all citizens, regardless of religion, addressing legal inconsistencies and reducing judicial backlog.

For detailed information on Uniform Civil Code (UCC) Debate read this article here

What are the Current Problems with Personal Laws?

1. Inconsistency Across Communities: Personal laws vary widely between religious communities, leading to legal inconsistencies. This creates confusion and unequal treatment under the law.
2. Discrimination Against Women: Many personal laws are discriminatory, especially against women. For example, personal laws allow different rights for men and women, depending on their religion.
3. Legal Exploitation: People can exploit these differences, as in the Sarla Mudgal case where a man converted to Islam to marry again, taking advantage of polygamy in Muslim law.

What is the Secular Civil Code (SCC)?

1. The Secular Civil Code (SCC) proposes a single set of civil laws for all citizens in India, regardless of religion.
2. It covers civil matters like marriage, divorce, inheritance, and adoption, ensuring equal legal rights for everyone.
3. The SCC aims to eliminate outdated and discriminatory personal laws, particularly those affecting women.

Why is the SCC Important?

1. Equality Under Law: The SCC would ensure all citizens, regardless of religion, are treated equally under a single legal framework. This aligns with Babasaheb Ambedkar’s vision of progress, especially for women.
2. Preventing Legal Exploitation: Current personal laws allow exploitation, as seen in the Sarla Mudgal case, where a Hindu man converted to Islam to marry again, circumventing Hindu personal laws.
3. Reducing Judicial Backlog: With nearly 4.70 crore cases pending in Indian courts as of March 2022, the judiciary is under significant strain. Implementing the SCC would simplify and standardize the legal framework, making it more accessible and understandable, thereby reducing this burden.
4. Constitutional Duty: Article 44 of the Indian Constitution mandates the state to work towards a Uniform Civil Code, making the SCC a step towards fulfilling this constitutional directive.

How Have Other Democracies Implemented Similar Codes?

1. Countries like the United States, France, and Germany have one set of civil laws for all citizens, regardless of religion.
2. This approach has allowed them to maintain cultural diversity while ensuring equality before the law.

Question for practice:

Examine the potential benefits of implementing a Secular Civil Code (SCC) in India.