Indian Express Editorial Summary

Editorial Topic : The Necessity of a Secular Uniform Civil Code (UCC)

Introduction

Context: Prime Minister Narendra Modi, during his Independence Day speech, emphasized the need for a Uniform Civil Code (UCC) as an unfinished agenda of the Indian Constitution. He stated that laws dividing the country along religious lines have no place in a modern society.

Uniform Civil Code: Historical Background

PM’s Stance: The PM highlighted the necessity of a secular civil code to eliminate religious discrimination. This aligns with Dr. B.R. Ambedkar’s arguments during the Constituent Assembly debates on November 23, 1948. Ambedkar asserted that the UCC should be viewed as a secular law applicable to all, rejecting communal discourse.
Draft Constitution: Article 35 of the draft Constitution called for a UCC. Ambedkar dismissed the notion that Sharia law was immutable and uniform across India.
Historical Context: Before the Sharia Act of 1937, most Muslims in British India followed Hindu law, and even in regions like the North-West Frontier Province (today’s Khyber-Pakhtunkhwa), Sharia wasn’t applied until 1935. Ambedkar also cited the Marumakkathayam Law in North Malabar, applicable to both Hindus and Muslims, which followed matriarchy.

Post-Independence Developments

Missed Opportunity: The UCC should have been implemented post-1952 when the first government was formed. However, PM Jawaharlal Nehru hesitated, particularly during the Hindu law reforms in 1954, allowing the issue to linger.

Judiciary’s Perspective on UCC

Sarla Mudgal vs Union of India (1995): The Supreme Court noted that with more than 80% of citizens already under codified personal law, delaying the UCC was unjustified.
John Vallamattom vs Union of India (2003): The SC expressed regret that Article 44 of the Constitution, advocating for a UCC, hadn’t been implemented.

Support from Muslim Women

BMMA Initiative: In November 2015, Noorjehan Safia Niaz and Zakia Soman, co-founders of the Bharatiya Muslim Mahila Andolan (BMMA), wrote to PM Modi, highlighting how orthodox and patriarchal elements resisted reforms in Muslim personal law, denying women their Quranic and equal citizenship rights.

Global and Regional Context

Global Examples: Countries like Morocco, Tunisia, Turkey, Egypt, Jordan, Bangladesh, and Pakistan have codified personal laws governing marriage and family matters. Indian Muslims, however, lack this codification.
Gender Justice: As PM Modi mentioned, codification of personal laws is a step towards gender justice and is a secular necessity.

Conclusion

A Secular Necessity: The UCC is essential for modernizing the Indian legal framework, eliminating religious discrimination, and achieving gender justice. The ongoing debate reflects a crucial step toward fulfilling the vision of a unified and secular India, as envisioned by the Constitution’s framers.