Strike a fine balance, have a just civil code

For Prelims: Law Commission of India, Uniform Civil Code (UCC), Article 44, Special Marriage Act, 1954, Indian Succession Act, 1925,  Hindu Marriage Act, 1955, Manusmriti, Article 29(1)

For Mains: Uniform Civil Code (UCC) and its implications on Indian society.

Highlights of the Article:

• The Law Commission of India is seeking public input on the Uniform Civil Code (UCC), a highly debated issue in the country.
• Personal laws in India involve a delicate balance between personal and religious autonomy and the state's authority to reform familial relations.
• The Indian Constitution upholds cultural accommodation and celebrates group differences, but it also emphasizes the importance of just laws and equality between men and women.
• UCC should be emblematic of India's "mosaic model" of multiculturalism, promoting unity while preserving diversity.
• It is crucial for the Law Commission to strike a fine balance and only eliminate practices that do not meet the constitutional benchmarks set by the Indian Constitution.

Context:

The context of the article is the recent decision by the Law Commission of India to solicit public views and proposals on the Uniform Civil Code (UCC). The UCC is a highly contentious issue in India, as it involves the balance between personal and religious autonomy and the state's authority to reform familial relations.

UPSC EXAM NOTES EDITORIAL ANALYSIS:

1.Autonomy versus Authority:

• There is conflict between personal autonomy and the state's authority to reform familial relations.
• Communities should seek reforms internally through internal law reform or voluntary adoption of the Uniform Civil Code (UCC).
• Examples of voluntary adoption of the UCC include the Special Marriage Act, 1954, and the Indian Succession Act, 1925.
• Recent love jihad laws are seen as violating the spirit of the Special Marriage Act, highlighting the need for a balanced approach.

2.Cultural Diversity and Regional Differences:

• There are regional differences within personal laws in India.
• Kerala abolished the Hindu Joint Family in 1975, while different laws govern Muslim marriages and divorces in various states.
• This diversity poses challenges to implementing a uniform code that accommodates the cultural variations across the country.

3.Personal Laws Based on Religious Identity:

• The Personal laws in India are determined by an individual's religious identity.
• Various religious communities, including Hindus, Muslims, Jains, Buddhists, Sikhs, Parsis, and Jews, are governed by their own personal laws.
• The reformed Hindu Personal Law retains religious rituals and practices, such as marriage solemnization through saptapadi and datta.

4.Inconsistencies in the Special Marriage Act:

• When two Hindus marry under this act, they continue to be governed by Hindu Personal Law, while two Muslims marrying under the same act are no longer governed by Muslim Personal Law.
• This discrepancy raises concerns about the fairness and uniformity of personal laws across different religious communities.

5.Constitutional Benchmarks and Cultural Accommodation:

• It is important to adhere to constitutional benchmarks while formulating the UCC.
• Article 29(1) of the Indian Constitution, protecting the distinctive culture of all citizens, serves as a guiding principle.
• A UCC should reflect India's multiculturalism and celebrate cultural diversity, ensuring the elimination of unjust and discriminatory provisions in personal laws.

In conclusion, the article provides an insightful analysis of the Uniform Civil Code in India, examining issues related to autonomy, authority, cultural diversity, regional differences, and constitutional benchmarks. It calls for a balanced approach that respects cultural variations while ensuring equality and justice for all citizens.

Source: The Hindu