Uniform Civil Code: Unity in Uniformity?

The proposal for a uniform civil code (UCC) has triggered a raging debate among various political parties and communities in the country. The 22nd Law Commission of India said that it has received more than eight lakh responses since the 30-day window for public consultation on the matter which was opened on June 14, which in a way reflects the amount of interest and apprehension it has evoked. While Prime Minister Narendra Modi has strongly advocated it, arguing that there can’t be dual laws governing personal matters in a country and accused the Opposition of using the matter to mislead minority communities, many have argued that the Centre is undermining the country’s pluralism. By virtue of the Bharatiya Janata Party’s election manifesto, some may take the renewed push as a move to score political brownie points by fulfilling one of its promises before the crucial Lok Sabha polls next year. The resistance to the reform by Muslim leaders can make it appear like a dual fight between two religious communities. However, the UCC, which is about having a common law for all citizens of the country irrespective of religions on matters related to marriage, divorce, inheritance and adoption, will affect everyone, especially minority communities and tribal groups. This is why civil society organisations in Nagaland, which is a tribal state, have expressed apprehensions of the UCC undermining Naga customary law and practices, which is protected by the Constitution of Indian through a special provision, and rightly so. The point of contention here is that the Article 371 A of the Constitution says no Act of Parliament shall apply to the state of Nagaland in respect to Naga customary law and procedure, religious or social practices, etc. unless the legislative assembly gives consent through a resolution. It is not limited to the people of the state; tribal communities in other states also enjoy similar provisions.

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Now, the question is whether the UCC will override such constitutionally safeguarded provisions. If the answer is affirmative, it can be taken as the beginning of the end of such privileges, and someday, it will be as good as abrogated. Such moves will be detrimental to efforts of preserving rich tribal culture and tradition as it will disrupt social norms that bind ethnic groups. The 21st Law Commission, which preceded the present one, said in its paper presented in 2018 that weaker sections of society or specific groups should not be deprived of privileges. Maintaining that the UCC was “neither necessary nor desirable at this stage”, it stressed on elimination of all forms of discrimination through reforms. The document was astute in nature, given the country’s diversity. Fundamentally, the uniform civil code touches on gender equality and justice, but recognising and accepting differences will serve a pluralistic nation like India better. What can be done is to do away with provisions and practices that are discriminatory in nature, especially those against women, through reforms within specific communities instead of painting different shades with the same brush. India’s strength has been unity in diversity, not uniformity.