Sacred Laws vs. Secular Justice: India’s Tug of War Over UCC



Author: Swosti Singh Napit, Symbiosis Law School, Pune

To the point

The Uniform Civil Code (UCC) is designed to give one common body of civil laws that protect everyone regardless of their religion, caste or community. “One Nation, One Law” is shown by keeping personal matters under a set of equal provisions for marriage, divorce, maintenance, inheritance, adoption and succession. At present, some communities practice their own laws about personal matters and this often means that women are unfairly treated and discriminated against. The purpose of the UCC is to get rid of these contradictions and make civil cases fairer by using just one legal code. Directive Principle 44 of the Indian Constitution motivates the state to promote the establishment of such a code everywhere in the country. Having only one civil system instead of many fragmented personal laws would promote gender equality, connect all Indians legally and support the secular nature of the Indian Constitution.

Abstract

Uniform Civil Code (UCC) aims to merge the current personal laws in India into one civil system that guarantees the same status and rights to every citizen based on their differences. In India which is a secular and democratic country, there should be no discrimination in the law. However, the reality is that personal laws still cause differences in treatment, mainly concerning gender justice. Such laws which are often religious in nature, do not respond to modern needs and usually disadvantage women and those who are marginalized. Even though LGBTQ+ people are recognized legally now, such people still remain without full protection and equal treatment in many areas of civil law. It is also highly important to have gender neutral laws to protect all the individuals regardless of their identities. A Uniform Civil Code would make a big difference in removing the distinctions between communities. Having such a system would ensure that the law follows principles of equality, justice, human dignity and modern ideas. Under the UCC, everyone would have equal rights when marrying, getting divorced, paying maintenance, adopting or claiming inheritance. Its aim is to focus on why a universal law that follows constitutional values and favors inclusivity for every citizen is important.

Use of Legal Jargon

One must be familiar with legal terms to follow the arguments about the Uniform Civil Code (UCC), because the discussion involves the strong link between constitutional laws and personal laws. Prominent terms such as “secularism”, “equality before law” and “non-discrimination” are vital in explaining the main objectives of the UCC. Under the Directive Principles of State Policy, Article 44 of the Indian Constitution uses “endeavour” to point out the State’s hope to unite civil laws across the country. The issue with personal laws is that they are based on religious beliefs and customs which is not seen as compatible with fundamental rights and morality described in Articles 14, 15 and 25. The use of terms such as “codification”, “uniformity” and “gender justice” prevails when discussing UCC in regard to marriage, divorce, maintaining equal rights and inheritance across different religions. By using gender-neutral and religion-neutral laws, many questions arise about the importance of several legal systems in a nation that carefully separates church from state. Despite being crucial for clarity in law, these terms point to the conflicts between personal freedom and laws set by the state and as such, need to be examined within India’s multicultural environment.

The proof

There is a conflict between the religious and traditional laws in India and the constitution’s article on state policy due to the existing legal frameworks. The main point of the Uniform Civil Code (UCC) debate is whether a single set of laws can fit traditions from various religions together with the Indian Constitution’s demands for equality (Articles 14-16). But because India is a diverse society, marriage, inheritance and divorce are handled under separate religious laws which raises doubts about how fair and realistic one uniform law can be for everyone.
There is some doubt in the law due to the fact that the UCC is not officially written down. One way this appears is when interpretations of religious laws are different and this is often what leads to unequal gender justice such as in the Shayara Bano v. In the Union of India, the Supreme Court banned instant triple talaq but didn’t deal with other areas of reform. As a result, the opposition between religious rules and civil principles creates unclear rules, so nobody’s rights are entirely fulfilled. As a result of not knowing what Constitutional law means, judges make decisions that are not always clear which may weaken India’s social justice agenda.

Case Laws

In 2019, the Transgender Persons (Protection of Rights) Act was made into law following the case National Legal Services Authority v. Union of India and Others. The statute protects the rights and good of transgender people, yet it does not affect their exclusion from family laws that use only man and woman as genders. Marriage, adoption and inheritance are still difficult for transgender people, since personal laws address only the male and female gender identities, ignoring those who identify differently. It shows that a hole exists in the present legal system. To remove discrimination in the law and create fairness, a Uniform Civil Code should be put in place.

In the case of Arun Kumar v. Inspector General of Registration the court ruled that a transgender woman can marry a cisgender person and their marriage is allowed to be registered under the Act. Though the judgment makes a good step forward in personal laws, it also reveals that there are still differences in how rights are enforced between different communities and jurisdictions. Since every case is different, it proves there is a big need for an all-purpose UCC that ensures equal status and protection to all individuals involved in marital and related legal matters no matter their gender identity.

X v. Principal Secretary, Health and Family Welfare Department (2022), the Supreme Court upheld that the understanding of family should go beyond traditional and heteronormative marriages involving children. It was also noted by the Court that some families might consist of domestic partnerships, couples who are unmarried or queer couples. The court further extended that, the law should also avoid distinguishing between different kinds of families, focusing instead on supporting the rights of many types of families in the same way.

In Jordan Diengdeh v. S.S. Chopra, Justice D. Chinnappa Reddy emphasized that Uniform Civil Code is necessary for India at the earliest. He mentioned that the situation in the case clearly showed the mess and challenges resulting from not having one set of civil laws for everyone.

Conclusion

The discussion about UCC highlights the main conflict between individual religious laws and the nation’s commitment to secular law. Even though religious traditions are valued for their cultural importance, their disagreements in gender equalities, minority rights and freedom of individuals clearly call for laws to be the same across countries. An effective UCC, keeping India’s various groups in mind, ought to keep its promise to ensure equality. Nonetheless, its introduction calls for both new laws and general agreement among society so that secular justice maintains diversity without damaging the Constitution’s intentions for equality. The future needs to blend observing tradition with new measures, so that no person is affected by older stereotypes or unfair traditions.

FAQS

What is Uniform Civil Code (UCC) ?
The UCC intends to introduce one set of civil laws for everyone in India, overtaking the present system in which laws are based on religion, caste, gender or sexual orientation. It would handle issues such as marriage, divorce, inheritance and adoption.

How is UCC conflicted between sacred and secular laws?
Most of India’s current personal laws are influenced by various religious customs which change depending on the community. The UCC aims to establish the same civil standards for everyone (secular justice) and this can clash with people’s right to religious freedom as stated in the constitution.

How does UCC promote gender justice?
Many personal laws treat women unfairly, mostly during matters concerning divorce, maintenance and inheritance. A UCC would treat every gender fairly since it would be developed without bias.

How does UCC helps in LGBTQ+ community?
The laws regulating individuals in most countries usually focus on gender roles of male and female and reject LGBTQ+ relationships. Through the UCC, we could have inclusive and equal rights for all gender identities.

Which state in India has implemented UCC?
Goa is the first state to implement UCC.



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