UCC
What is Uniform Civil Code?
What does Indian Constitution says about Uniform Civil Code?
The Constitution of India, under Article 44, one of the Directive Principles of State Policy, states that the state shall endeavor to secure a Uniform Civil Code for its citizens. However, the framers of the Constitution left it to the discretion of the government to implement a UCC, recognizing the sensitivity and complexity of the issue. Over the years, various governments have discussed and debated the implementation of a UCC, but it has remained a contentious and politically sensitive topic.
Examples of Different Civil Codes in India: In India, personal laws governing marriage, divorce, inheritance, and other such matters are based on religious texts and customs. The major religious communities in India, including Hindus, Muslims, Christians, and Sikhs, have their own distinct personal laws.
Hindu Personal Law: The Hindu personal laws are derived from ancient religious texts and customs. The Hindu Marriage Act, 1955 governs marriage and divorce among Hindus, while the Hindu Succession Act, 1956 deals with inheritance. Under the Hindu Succession Act of 1956, (which governs the rights of Hindus, Buddhists, Jains, and Sikhs) Hindu women have equal rights to inherit property from their parents and have the same entitlement as Hindu men.
Muslim Personal Law: Muslims in India follow the Muslim Personal Law, which is based on the Shariah. The Muslim Personal Law (Shariat) Application Act, 1937 regulates matters related to marriage, divorce, inheritance, and maintenance among Muslims.
For Christians, Parsis, and Jews, the Indian Succession Act of 1925 applies. Christian women receive a predetermined share based on the presence of children or other relatives. Parsi widows receive an equal share as their children, with half of the child's share going to the deceased's parents if they are alive.
Special Marriage Act (1954): The Special Marriage Act is a civil code that allows individuals from different religions, castes, or communities to marry each other. It provides a legal framework for interfaith and inter-caste marriages in India and sets out rules and procedures for registration, dissolution, and other related matters.
Why UCC is a controversial topic in India?
The debate surrounding the Uniform Civil Code in India is multifaceted and often polarized. Here are some of the key arguments presented by proponents and opponents of a UCC:
Political Considerations: The UCC has often become a subject of political maneuvering and posturing. Political parties and leaders have used the issue to consolidate their vote banks or appeal to their respective constituencies. The sensitive nature of religious identity and the potential impact on minority communities have made it a polarizing topic, with political calculations often taking precedence over a genuine discussion on the merits and drawbacks of a UCC.
Gender Equality and Women's Rights: Proponents of the UCC argue that implementing a uniform code would promote gender equality and women's rights by eliminating discriminatory practices present in some religious personal laws. They believe that a common code would ensure equal rights in matters such as marriage, divorce, inheritance, and maintenance. However, opponents contend that gender justice can be achieved within the framework of existing personal laws, and a UCC could inadvertently infringe upon women's rights protected under specific religious practices.
What are the Issues that can arise for tribal people because of UCC?
The issue of implementing a Uniform Civil Code (UCC) in the context of tribal people in India can be complex and sensitive. Tribes in India have their distinct cultural, social, and legal systems that have been shaped over centuries. These systems often differ from mainstream civil laws and personal laws that govern other communities.The implementation of a UCC without considering the specific needs, customs, and traditions of tribal communities can potentially undermine their cultural identity, autonomy, and rights. It is essential to take into account the unique circumstances and social structures of tribal communities while formulating any legal reforms, including a UCC.
Tribal communities are protected by special provisions under the Indian Constitution, such as the Fifth and Sixth Schedules, which provide for self-governance and protect their land, culture, and rights. Any attempt to impose a uniform civil law without considering these constitutional safeguards and the diversity of tribal customs can lead to alienation, discrimination, and infringement upon their rights.
Some property rituals of tribals of North-east India
Khasi Tribe: In the Khasi tribe of Meghalaya, a matrilineal society, property is typically passed down through the female line. When a woman gets married, she brings her husband to live in her maternal home. The ancestral property remains within the female lineage, and the youngest daughter inherits the ancestral property.
Mizo Tribe: Among the Mizo tribe in Mizoram, property inheritance follows a patrilineal system. The youngest son traditionally inherits the ancestral property, and he is responsible for taking care of the parents and other family members.
Ao Tribe: The Ao tribe of Nagaland practices a unique property ritual known as "Zani" or "Khel." The village land is divided into different Khels (clans or lineages), and each Khel has its land for cultivation and residential purposes. The land is communally owned and managed by the Khel members, and each member has certain rights and responsibilities towards the land.
Garo Tribe: The Garo tribe in Meghalaya follows a matrilineal system where property is inherited through the female line. The youngest daughter inherits the ancestral property, and the son usually moves to his wife's house after marriage. However, in recent years, there have been some changes, and individual families may choose to modify their inheritance patterns.
Property rituals of tribals of North-east states of India
Arunachal Pradesh:
- Nyishi Tribe: The Nyishi tribe practices a patrilineal system of inheritance. Property, including land and other assets, is typically passed down from father to son. However, in some cases, daughters may also receive a share of the property, especially in the absence of male heirs.
- Adi Tribe: The Adi tribe follows a similar patrilineal system, where property is primarily inherited by male descendants. However, the community also recognizes the rights of daughters to inherit property under certain circumstances.
Sikkim:
- Lepcha Tribe: The Lepcha tribe in Sikkim traditionally practices a system of communal land ownership. The village land is collectively owned and managed by the community, and individual families are granted land for cultivation and residential purposes. In recent times, with the influence of modernization, individual ownership rights have also emerged.
- Bhutia Tribe: The Bhutia tribe in Sikkim generally follows a patrilineal system of inheritance, where property is passed down from father to son. However, there may be variations in property inheritance practices within the community based on specific family customs and traditions.
Assam:
- Bodo Tribe: The Bodo tribe practices a patrilineal system of inheritance. Property, including land and other assets, is typically passed down from father to son. However, in some cases, daughters may also receive a share of the property.
- Karbi Tribe: The Karbi tribe follows a patrilineal system where property is primarily inherited by male descendants. However, there may be provisions for daughters to inherit property under specific circumstances.
Manipur:
- Meitei Tribe: The Meitei tribe, which is the majority community in Manipur, practices a patrilineal system of inheritance. Property is typically passed down from father to son, and male descendants have the primary rights to inherit ancestral property.
Mizoram:
- Mizo Tribe: The Mizo tribe, which is the predominant community in Mizoram, practices a patrilineal system of inheritance. Property, including land and other assets, is usually inherited by male descendants, with the youngest son traditionally receiving the ancestral property.
Nagaland:
- Angami Tribe: The Angami tribe follows a patrilineal system where property is primarily inherited by male descendants. The youngest son usually inherits the ancestral property and is responsible for taking care of the parents and other family members.
- Ao Tribe: The Ao tribe practices a similar patrilineal system of inheritance, where the youngest son inherits the ancestral property and assumes the responsibility of caring for the family.
What was the opinion of B.R. Ambedkar on UCC issue?Ambedkar believed in the importance of a common civil code that would provide equal rights and opportunities to all citizens, irrespective of their religion or personal beliefs. He was an advocate for the implementation of a UCC as a means to promote social justice, equality, and gender justice.
Ambedkar argued that personal laws based on religious considerations could perpetuate inequality and discrimination, particularly against women and marginalized groups. He believed that a UCC would help eliminate the prevailing inequalities in personal laws and ensure uniformity and justice in matters such as marriage, divorce, inheritance, and adoption.
On 23 November 1948, Ambedkar sought to reassure the minority members in the Constituent Assembly during a discussion on the UCC. He said, “It [Article 35] does not say that after the Code is framed the State shall enforce it upon all citizens merely because they are citizens.” He also said it is “perfectly possible” that the future Parliament may in the beginning make a provision that the Code shall apply only to those who declare that they are “prepared to be bound by it”. In other words, initially, the “the application of the Code may be purely voluntary.”
In other words, Ambedkar felt that a UCC could be introduced initially as a voluntary code and that Parliament would certainly not force citizens to follow it.
On 2 December 1948, Ambedkar said during a lengthy discussion on Article 13 of the draft Constitution dealing with the fundamental right to profess any faith that “it is quite impossible for anybody to conceive that the personal law shall be excluded from the jurisdiction of the State”. What he meant is that in India, religious conceptions are so vast that they cover every aspect of life from birth to death. To not allow the State to intervene at all in religious matters would amount to bringing society to “a standstill”, Ambedkar said. “We have this liberty in order to reform our social system, which is so full of inequities, so full of inequities, discriminations and other things which conflict with our fundamental rights,” he explained. Therefore, he said, the State is
He also said, “...all that the State is claiming in this matter is a power to legislate. There is no obligation upon the State to do away with personal laws. It is only giving a power. Therefore, no one need be apprehensive that if the State has the power, the State will immediately proceed to execute or enforce that power in a manner that may be found to be objectionable by the Muslims or Christians or any other community in India.” Ambedkar also referred to changes in the Shariat law that made it easier for women to seek divorce. He also emphasised that it is “impracticable” for an advanced society to rule out any role for the State in personal law, “for, even the members who belong to a particular community may desire their personal law to be changed.”
Therefore, in terms of the UCC and the freedom of religion, Ambedkar appreciated the feelings of all the members who had apprehensions about the UCC, especially the Muslim leaders. He, in turn, reminded them that sovereignty is always limited. “...no matter even if you assert that it is unlimited, because sovereignty in the exercise of that power must reconcile itself to the sentiments of different communities,” he said, adding, “No government can exercise its power in such a manner as to provoke the Muslim community to rise in rebellion. I think it would be a mad government if it did so. But that is a matter which relates to the exercise of the power and not to the power itself.”
The implementation of a UCC without considering the specific needs, customs, and traditions of tribal communities can potentially undermine their cultural identity, autonomy, and rights. It is essential to take into account the unique circumstances and social structures of tribal communities while formulating any legal reforms, including a UCC.
Tribal communities are protected by special provisions under the Indian Constitution, such as the Fifth and Sixth Schedules, which provide for self-governance and protect their land, culture, and rights. Any attempt to impose a uniform civil law without considering these constitutional safeguards and the diversity of tribal customs can lead to alienation, discrimination, and infringement upon their rights.
Some property rituals of tribals of North-east India
Khasi Tribe: In the Khasi tribe of Meghalaya, a matrilineal society, property is typically passed down through the female line. When a woman gets married, she brings her husband to live in her maternal home. The ancestral property remains within the female lineage, and the youngest daughter inherits the ancestral property.
Mizo Tribe: Among the Mizo tribe in Mizoram, property inheritance follows a patrilineal system. The youngest son traditionally inherits the ancestral property, and he is responsible for taking care of the parents and other family members.
Ao Tribe: The Ao tribe of Nagaland practices a unique property ritual known as "Zani" or "Khel." The village land is divided into different Khels (clans or lineages), and each Khel has its land for cultivation and residential purposes. The land is communally owned and managed by the Khel members, and each member has certain rights and responsibilities towards the land.
Garo Tribe: The Garo tribe in Meghalaya follows a matrilineal system where property is inherited through the female line. The youngest daughter inherits the ancestral property, and the son usually moves to his wife's house after marriage. However, in recent years, there have been some changes, and individual families may choose to modify their inheritance patterns.
Arunachal Pradesh:
- Nyishi Tribe: The Nyishi tribe practices a patrilineal system of inheritance. Property, including land and other assets, is typically passed down from father to son. However, in some cases, daughters may also receive a share of the property, especially in the absence of male heirs.
- Adi Tribe: The Adi tribe follows a similar patrilineal system, where property is primarily inherited by male descendants. However, the community also recognizes the rights of daughters to inherit property under certain circumstances.
Sikkim:
- Lepcha Tribe: The Lepcha tribe in Sikkim traditionally practices a system of communal land ownership. The village land is collectively owned and managed by the community, and individual families are granted land for cultivation and residential purposes. In recent times, with the influence of modernization, individual ownership rights have also emerged.
- Bhutia Tribe: The Bhutia tribe in Sikkim generally follows a patrilineal system of inheritance, where property is passed down from father to son. However, there may be variations in property inheritance practices within the community based on specific family customs and traditions.
Assam:
- Bodo Tribe: The Bodo tribe practices a patrilineal system of inheritance. Property, including land and other assets, is typically passed down from father to son. However, in some cases, daughters may also receive a share of the property.
- Karbi Tribe: The Karbi tribe follows a patrilineal system where property is primarily inherited by male descendants. However, there may be provisions for daughters to inherit property under specific circumstances.
Manipur:
- Meitei Tribe: The Meitei tribe, which is the majority community in Manipur, practices a patrilineal system of inheritance. Property is typically passed down from father to son, and male descendants have the primary rights to inherit ancestral property.
Mizoram:
- Mizo Tribe: The Mizo tribe, which is the predominant community in Mizoram, practices a patrilineal system of inheritance. Property, including land and other assets, is usually inherited by male descendants, with the youngest son traditionally receiving the ancestral property.
Nagaland:
- Angami Tribe: The Angami tribe follows a patrilineal system where property is primarily inherited by male descendants. The youngest son usually inherits the ancestral property and is responsible for taking care of the parents and other family members.
- Ao Tribe: The Ao tribe practices a similar patrilineal system of inheritance, where the youngest son inherits the ancestral property and assumes the responsibility of caring for the family.
Ambedkar believed in the importance of a common civil code that would provide equal rights and opportunities to all citizens, irrespective of their religion or personal beliefs. He was an advocate for the implementation of a UCC as a means to promote social justice, equality, and gender justice.
Ambedkar argued that personal laws based on religious considerations could perpetuate inequality and discrimination, particularly against women and marginalized groups. He believed that a UCC would help eliminate the prevailing inequalities in personal laws and ensure uniformity and justice in matters such as marriage, divorce, inheritance, and adoption.
On 23 November 1948, Ambedkar sought to reassure the minority members in the Constituent Assembly during a discussion on the UCC. He said, “It [Article 35] does not say that after the Code is framed the State shall enforce it upon all citizens merely because they are citizens.” He also said it is “perfectly possible” that the future Parliament may in the beginning make a provision that the Code shall apply only to those who declare that they are “prepared to be bound by it”. In other words, initially, the “the application of the Code may be purely voluntary.”
In other words, Ambedkar felt that a UCC could be introduced initially as a voluntary code and that Parliament would certainly not force citizens to follow it.
On 2 December 1948, Ambedkar said during a lengthy discussion on Article 13 of the draft Constitution dealing with the fundamental right to profess any faith that “it is quite impossible for anybody to conceive that the personal law shall be excluded from the jurisdiction of the State”. What he meant is that in India, religious conceptions are so vast that they cover every aspect of life from birth to death. To not allow the State to intervene at all in religious matters would amount to bringing society to “a standstill”, Ambedkar said. “We have this liberty in order to reform our social system, which is so full of inequities, so full of inequities, discriminations and other things which conflict with our fundamental rights,” he explained. Therefore, he said, the State is
He also said, “...all that the State is claiming in this matter is a power to legislate. There is no obligation upon the State to do away with personal laws. It is only giving a power. Therefore, no one need be apprehensive that if the State has the power, the State will immediately proceed to execute or enforce that power in a manner that may be found to be objectionable by the Muslims or Christians or any other community in India.” Ambedkar also referred to changes in the Shariat law that made it easier for women to seek divorce. He also emphasised that it is “impracticable” for an advanced society to rule out any role for the State in personal law, “for, even the members who belong to a particular community may desire their personal law to be changed.”
Therefore, in terms of the UCC and the freedom of religion, Ambedkar appreciated the feelings of all the members who had apprehensions about the UCC, especially the Muslim leaders. He, in turn, reminded them that sovereignty is always limited. “...no matter even if you assert that it is unlimited, because sovereignty in the exercise of that power must reconcile itself to the sentiments of different communities,” he said, adding, “No government can exercise its power in such a manner as to provoke the Muslim community to rise in rebellion. I think it would be a mad government if it did so. But that is a matter which relates to the exercise of the power and not to the power itself.”
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