Uniform Civil Code: Analyzing its implications on Muslim Community in India.
On
14th June 2023, the 22nd Law Commission of India issued a public notice initiating fresh consultations, recommendations from all
stakeholders and public views on one of the most controversial topics of the Uniform Civil Code in India within 30 days.
This was promised by the BJP Government in their manifesto that they would bring UCC to India for fair and just treatment of all Indian Citizens. In a recent interview, Amit Shah said that UCC shall be implemented after an open and healthy debate or when the time is right. So, what does this mean? What time is right to bring a law? Who is deciding when is the right time coming? Is this really about Hindu Rashtra? Will this protect the rights of minorities? What are the consequences of this law? Let’s try to answer this and find out more about Uniform Civil Code focusing on its implications for Muslims in India.
This
basically started with the Shah Bano Case in 1985 when the Supreme Court granted a
divorced Muslim woman the right to maintenance under Sec 125 of the All India Criminal
Code whereas the Muslim Shariah Law denies a divorced woman the Right to Alimony. The
“All India Muslim Personal Law Board” defended the application and argued that
it was an attack on Muslim Personal Law. They started a campaign for complete
autonomy in their personal laws. Later on, an independent Member of Parliament
sought to make Sec 125 of the Criminal Procedure Code to be inapplicable to Muslim
Women and the INC under the leadership of Rajiv Gandhi reversed its decision
and supported the bill.
The
Law Commission of India in 2018 stated that a uniform civil code is neither
necessary nor desirable at this stage. So what necessarily does the UCC bring
on board. It is basically meant to replace the current applicable Personal laws
and include monogamy, equal rights to son and daughter over inheritance, gender
neutrality in regards to guardianship and sharing of custody.
Interference
in matters of Personal Laws? Is that right for a Secular Country:
Personal laws are approached differently in secular countries, India is a secular nation meaning there is a separation between religion and state affairs. It means equality of all religions before the law. This is an actual threat to religious freedom and their beliefs. It is an open target towards Muslims while looking progressive at the same time. Personal law refers to laws governing personal status and family law that are founded on religious or customary practices. These regulations may differ depending on the country's religious or cultural groupings. Marriage, divorce, inheritance, and adoption rules are a few examples. Interference in personal law in a secular country is a complex and contentious issue. Striking a balance between individual rights and religious or cultural practises, on the other hand, can be difficult. Any changes in the personal law of minorities to make it more progressive can not be successful without ensuring that the people, on whom the laws are applicable are progressive and ready to accept it.
·
Threat to Autonomy.
In
a diverse country like India, implementing Uniform Civil Code is naturally a
threat to their status as communities here have distinct traditions and customs.
It will definitely limit their freedom of choice by imposing a standard set of
rules that do not align with their faith and potentially infringe on autonomy. minority groups are concerned that a UCC will
be designed and enforced by the majority community, leading to the supremacy of
one religion over another. This dread is especially prominent in Muslim and
Christian groups, who are concerned about potential violations of their
personal laws and practises.
·
Violation of Fundamental
Rights & Freedoms.
Freedom
of Religion, Right to Equality and Non-Discrimination and Right to Privacy are
the most basic rights of Humans. They have the right to choose and decide for
their own individual choice. Every religion has a unique practice, custom and
state can not interfere with their personal affairs. There has to be separation
of Religion from State affairs or else this would take us to sabotage our own
country’s harmony.
How
to Safeguard Minority Rights?
The
need of the hour is not UCC as it would bring more chaos and raise instability
among different communities. There has to be a comprehensive approach that
addresses the root causes of gender inequality, patriarchy and poverty. It must
enshrine the idea of diversity but not lose its identity. The representation
of varied voices guarantees that minority groups' issues and viewpoints are
heard. Any UCC should place a premium on the preservation of cultural and
religious identities. It should strive to find a balance between harmonising
laws and respecting the various customs and practices of other communities.
Provisions can be inserted to protect minority religions' primary concepts and
practise while ensuring they do not contradict fundamental human rights.
·
Emphasis on Article 29.
Article
29 of the Indian Constitution deals with the protection of Interests of
Minorities. It prohibits any discrimination against any citizen on grounds of religion,
race, caste or language. It also specifically mentions that they have the right
to conserve their culture. Hence, India’s true beauty lies in its diversity and
tolerance towards one another. The Government and the individuals must strive
to preserve our religion and culture rather than trying to diminish it.
Social
Backlash & Resistance:
SGPC
general secretary Gurcharan Singh Grewal denounced the move as a conspiracy to
impose UCC on India. Samajwadi Party MP ST Hasan opposed the UCC and said that Muslims
were being treated in India as tenants even after 75 years of Independence. All
India Muslim Personal Law Board said that UCC is not useful for a vast multi-religious country like India. Personal laws are strongly connected with
religious ideas and practises, according to critics, therefore enacting a UCC
may lead to the destruction of religious and cultural identities. They are
concerned that a unified code will erode religious communities' autonomy and
variety, as well as their capacity to regulate their own affairs by their beliefs.
A
couple of thoughts in conclusion, While Article 44 of the Indian Constitution
requires the adoption of a UCC, its actual implementation has met with
tremendous opposition and social criticism. we as responsible Indian citizens
must question ourselves, why did the Britishers not bring Uniform Civil
Code. In my opinion, this would break the trust of Indian Minorities in the
institution because rather than safeguarding their rights, UCC is trying to
erase their autonomy. personal laws are profoundly founded in religious
practises and conventions, opponents are concerned about the potential
destruction of religious and cultural identities. They are concerned that a UCC
will damage religious communities' autonomy and diversity, as well as their
capacity to regulate their personal affairs by their beliefs.
There are also concerns regarding the dominant community's potential dominance
and the impact on minority rights and safeguards. It will directly affect
Indian Muslims and their faith as UCC is totally against the Shariah Law. The
Government must come up with some other progressive laws rather than
interfering with the personal laws of Indians. The challenge is to maintain the
fundamental ideals of justice, equality, and respect for all people while
juggling the principles of uniformity and diversity.
References:
https://economictimes.indiatimes.com/new
https://en.wikipedia.org/wiki/Unifor
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