Breaking Barriers: How Uniform Civil Code can be a catalyst for equality and inclusion

As we hurtle into an interconnected, modern era, the call for laws that are inclusive, flexible, and unifying becomes not just a necessity, but a resounding mandate. The argument for substituting religious laws, deeply anchored in traditions, with a comprehensive, standardized civil code isn’t merely compelling; it’s an imperative for justice. John Rawls, a titan of modern philosophy, argues in his magnum opus “A Theory of Justice” for a society where justice doesn’t discriminate and is equitably accessible to all. However, religious laws, entrenched in a kaleidoscope of traditions and scriptures, often stray from this ideal, paving the way for inequality, injustice, and discrimination. These laws, set in their ways, wrestle with contemporary societal shifts, particularly in crucial areas of human rights, gender parity, and individual freedoms. On the other hand, civil laws, agile and receptive, can readily evolve with changing societal values. In an era of globalization, such adaptability isn’t just desirable; it’s fundamental. Moreover, the specter of legal pluralism, resulting from the coexistence of various religious laws within a single nation, casts a long shadow of societal disintegration and conflict. This issue hits a raw nerve in India, a vibrant landscape of diverse religious communities, each wielding its unique set of personal laws. The adoption of a Uniform Civil Code in India isn’t just an importance; it’s a clarion call for justice. A UCC, as outlined in the Indian Constitution’s Article 44, promises a uniform legal system for all citizens, cutting across religious lines. It aspires to streamline personal laws, encompassing marriage, divorce, inheritance, and more, fostering legal consistency, societal harmony, and national unity. Ever since the Prime Minister mentioned about the need of the UCC in Madhya Pradesh on 27 June 2023, there has been a rise in people criticizing the UCC. Let us discuss some of the main arguments against UCC. The first one is the Consultative Paper on Reform of Family Law by the 21st Law Commission of India published in August 2018. The paper suggested that “providing a uniform civil code which is neither necessary nor desirable at this stage”. The paper further noted that the most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy. This line of reasoning seems to overlook a key tenet of equality. It’s imperative to highlight that recognizing diversity does not preclude the necessity for universal civil rights. Indeed, the two are not mutually exclusive. The UCC would be aimed at providing an overarching legal framework that guarantees equal rights to all citizens, irrespective of their religious or societal affiliations. It’s a call for judicial consistency, not the annulment of cultural or religious distinction. In essence, the UCC’s implementation does not render cultural diversity obsolete; rather, it simply ensures that no cultural practices infringe on fundamental human rights. Furthermore, the argument that a UCC is neither necessary nor desirable at this stage seems myopic. In a society as diverse as ours, establishing a common legal code is both a necessity and a desirable objective to ensure fairness and justice for all. With increasing societal evolution and cultural intermingling, it becomes ever more essential to safeguard every individual’s rights and to prevent any form of discrimination. The quest for recognizing diversity should not stand in opposition to the need for universal civil rights, but should rather work in harmony with it. After all, true democracy thrives not just in recognizing the differences, but also in ensuring equality. The feminist critique of the UCC is multifaceted and deeply tied to considerations of gender justice, women’s rights, and the intersectionality of these rights with religious and cultural contexts. A significant part of the feminist discourse supports the UCC, contending that it can potentially address systemic gender bias in personal laws. For example, in certain cases, women are not granted equal entitlement to familial property as men, which serves as a form of systemic discrimination. The UCC, by instituting a common legal framework, can help rectify such disparities. On the other hand, a significant section of feminists, especially those working on intersectionality, critique the UCC from the perspective of cultural diversity and religious freedom. They argue that UCC might impose a uniform set of rules without taking into account the diverse socio-cultural contexts of different communities, thus inadvertently causing harm to the women it seeks to protect. Moreover, some feminists are skeptical about the intentions behind the push for a UCC, fearing it might be used as a tool to impose the agenda of the majority. Arguments suggesting that a UCC might be a tool to impose a majority-centric ideology can be mitigated by enlightening people about the inherent discriminatory clauses prevalent across various laws. The existence of such partial provisions, particularly prejudiced against women, is a reality in nearly all personal laws. It is precisely these inequities that a UCC is designed to confront and rectify. The importance of religious freedom and cultural diversity cannot be understated, but these rights should not be manipulated to justify discriminatory or harmful practices. The discourse surrounding the UCC fundamentally revolves around achieving equilibrium between religious freedom and gender equality rights. We must hold steadfast to the universality of human rights, especially women’s rights, and not permit them to be subverted by cultural relativism. The fear of a UCC often stems from misunderstandings and an information vacuum surrounding its implications. A transparent, unambiguous discourse regarding the UCC’s intentions and stipulations can alleviate such apprehensions and engender consensus across diverse communities. A Uniform Civil Code isn’t just about laws or statutes; it’s about shaping the soul of our nation, where every citizen, irrespective of their religious or cultural affiliations, can stand tall with equal rights and opportunities. It’s about building a society where our diverse identities converge to form a harmonious whole, a society where every voice, every story matters. Let this be not just an academic discourse but a heartfelt appeal to our collective conscience. For, it is in the sanctity of justice that we will find our common ground, and it is in the spirit of unity that our nation’s heart will truly beat as one. The author is Additional Private Secretary (Policy & Research), Economic Advisory Council to the Prime Minister. He tweets adityasinha004. Views expressed are personal. Read all the Latest News , Trending News ,  Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .