The Uniform Civil Code Bill in India: What’s at Stake?
The DiplomatLast month, a member of the ruling Bharatiya Janata Party introduced a bill in the upper house of Parliament to form a committee that would draft and enact a uniform civil code throughout India. Article 44 of the Indian Constitution states that “the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” Nonetheless, a UCC is one of the most controversial issues in Indian politics because it is seen by many minorities and opposition parties as a vehicle for Hindu majoritarianism, one that would “demolish minority identities and rights.” It would abolish separate personal laws – matters related to marriage, divorce, alimony, inheritance, and adoption – for members of different religions. However, most countries in the world have uniform civil codes, or in the case of common law countries such as the United States, the same laws concerning personal matters apply to all individuals within a jurisdiction. In the meantime, India’s states are looking into implementing their own uniform civil codes, which can give Indians a preview of what a national code could look like.