UNIFORM CIVIL CODE

 

The hot topic now is the Uniform Civil Code. This is nothing but a set of laws that are applicable to all citizens of a country without discrimination.

How is the position of UCC in other multiracial and multi-cultural countries?

In the ancient times, the Roman Empire had subjects in many countries and encompassed a large area. Emperor Justinian implemented the UCC in Rome in the year 527 AD.

In France it came into application in the year 1804

Most countries of the Islamic faith had adopted the Sharia law and they also adopted a UCC as per the Sharia law. The Sharia law is uniformly applicable to all its citizens irrespective of their religion. They are Saudi Arabia, Turkey, Pakistan, Egypt, Malaysia, Nigeria etc.

A UCC does not mean Hindus would have their own laws in the UCC. What would be there in the UCC would be the liberal suitable laws that can be adopted from many countries in line with the modern times. It is possible that some parts of the present Hindu law itself may not be according to the international norm. In such instances even such Hindu laws can be changed.

Moreover Hindu laws have already undergone a transformation on account of the efforts of social reformers like Ishwara Chandra Vidyasagar. The Hindu Widow Remarriages Act was passed in 1856. Before that act, it was illegal for a Widow to remarry again. Scriptural Hindu Law did not allow widows to remarry again. So that barbaric practice has been superseded by this law. However, there were variations in this law in different communities. The Jats and the Dravidians followed laws that are at variance with scriptural Hindu law. So did Shudras.

The Hindu Inheritance (Removal of Disabilities) Act was passed in 1928.  Prior to that, Hindu women had no right to own property and this Act empowered them to do so. However, legislation to give proper and equal laws to women had been opposed by the Muslims and they wanted to follow the Sharia Law.  

The Hindu Womens Property Act of 1937 gave rights to women to inherit Joint Hindu family property. It enabled the Widow to succeed along with the son and take a share equal to that of the son. This property however can only be enjoyed by her till her death.

There was then a debate on the UCC as it was proposed to be adapted to all the citizens. There was some resistance to the Code from the Muslims as well as some Hindus in 1943 onwards and finally a consensus was reached and article 44 was introduced in the Constitution which was indicative about the UCC and not enforceable. 

The B.N.Rau (This is the same Benegal Narsing Rau who became the advisor to the Drafting Committee of the Constitution) Committee in 1947 prepared a Draft Code for Hindu law dealing with Succession, Maintenance, Marriage and Divorce, Minority and Guardianship and adoption. This code recommended the abolition of the Joint Family property system, introduction of the daughter’s simultaneous succession to the father’s estate along with the son, the abolition of the barrier of inter caste marriages, the assimilation of civil and sacramental marriages and the introduction of Divorce.

The Ministry of Law revised the draft of the Hindu Code Bills in 1948 which was introduced in the Constituent assembly which referred it to a committee under Dr B R Ambedkar. The Committee made a number of important changes in the bill. It stipulated that the Hindu code would apply to anyone who was not a Muslim, Parsi, Christian or Jew. Those who practiced Sikhism, Buddhism and Jainism were considered to be a Hindu as per the jurisdiction of the bill.

There was a big dissent to the bill as there were large regional variations in Hindu law. The bill could not be passed even after a long debate in the assembly and ultimately a whittled down version of the bill was presented by the Government. Even then, the bill could not be passed and Ambedkar resigned from the Constituent assembly because of that.

The Hindu Code bills are multiple bills passed by the Government in the 1950’s to standardize and modernize Hindu laws. Nehru campaigned for the Hindu Code Bills in the 1952 General elections and the bills were passed as the 1. Hindu Marriage Act, 2. Hindu Succession Act, 3. Hindu Minority and Guardianship Act and 4. Hindu Adoption and Maintenance Act.

Before these acts there was no uniform Hindu law and there were regional disparities in interpretation and adaptation.

As one can see there is a big opposition to even passing the Hindu Code Bill. Only after the 1952 General Elections Nehru could push it through in the form of various bills.

So there had been a reform in the Hindu laws despite opposition from large sections of people. Unfortunately the Muslim law remained totally out of the ambit of those bills and it stands where it was before Independence and therefore very much requires a reform. Not just that even the laws the Hindus use now have to be reformed after studying various international laws.

UCC does not mean reforming of only the Muslim personal law as some people tend to believe, it is a revision of all personal laws to make them compatible with the modern times.