The idea of Uniform Civil Code (UCC) is very old and has been around us in one form or the other from the time of drafting of the Constitution of India. However, there are different views about uniform civil code among people and the state. In this article we are going to discussing challenges in implementing UCC in India using a case study on divorce laws in India.
Diverse personal laws: The diverse personal laws and customary practices among communities of India make uniformity of any sort very difficult to achieve. It is very tough to find a common ground between different communities. But it is an essential step for creating a secular country.
Lack of acceptance: Even if people accept the uniform civil code, and understand its importance for a cohesive society, there is still a lack of acceptance among certain sections of society. The communities that do not want the implementation of this law in our country are the Muslims and the Christians. The major reason being that they fear that the implementation of a uniform civil code would diminish their religious symbols.
Legal issues: There is an apprehension that the uniform civil code may be in conflict with the fundamental rights of freedom of conscience (Article 26), freedom of profession, practice and propagation of religion (Article 25), and the freedom to manage religious affairs (Article 25). It is possible to give these Fundamental Rights a narrow or a very broad interpretation. However, once the Uniform Civil Code comes into effect, it will be interpreted in accordance with the Indian Constitution.
Opposition from the religious groups: The biggest challenge the government might face in bringing about Uniform Civil Code is the opposition from religious groups. This issue is often seen as a political agenda and politicians in India, both national as well as regional, have used this topic to control the Hindu majority votes.
Political willpower: Any government has to face the opposition from the people if it wants to bring any changes. If the government wants to bring any change then it has to struggle a lot and face many problems before starting the change.
Encroachment on religious freedom: Despite having been proposed several times, the implementation of a Uniform Civil Code in India has been a contentious issue since independence. Despite the enactment of a Uniform Civil Code, religious communities are still governed by their own personal laws governing relationships and family matters. Even within Hinduism, there are vast differences between different community groups and castes, which add to the complexity and difficulty in agreeing on what such a code would entail.
Sensitive task: This sensitive task is usually governed in a Parliamentary democracy by the enabling legislation that guarantees equal rights to minorities and prevents an executive overreach. Article 44 itself is silent on what part of Hindu Law should be adopted for application to non-Hindus.
To accelerate the process of uniform civil code, major awareness efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves. The government cannot impose on communities those laws that have not first been discussed with them and typically accepted. In addition to active dialogue with communities on the issue of personal law reforms, several legal interventions are necessary to bring about changes in the Muslim family laws and inheritance practices. A national consultation led by a group of concerned women's organizations and lawyers has proposed some concrete steps to implement this uniform civil code.