A day after Prime Minister Narendra Modi made a strong pitch for the Uniform Civil Code (UCC) and criticised Opposition parties for allegedly inciting minority communities against it, the Maharashtra Legislative Council Deputy Chairperson and Shiv Sena Uddhav Balasaheb Thackeray Deputy Leader Dr Neelam Gorhe has extended her support to the UCC saying that It should be evident that a UCC is not an affront to cultural or religious diversity, but rather, an affirmation of equal rights and justice. ‘’As India continues to evolve and mature as a nation, a Uniform Civil Code can serve as the cornerstone of secularism and unity in diversity. The essence of a Uniform Civil Code is not to homogenise, but to harmonise,’’she noted.
-UCC is not an affront to cultural or religious diversity, but rather, an affirmation of equal rights and justice
-UCC is a unified legal structure intended to apply uniformly nationwide, covering all religious communities
Dr Gorhe has forwarded her comment to the Law Commission Member Secretary while welcoming its appeal to solicit views and ideas of the people at large and stakeholders about the draft of UCC. ‘’This is a welcome step to strengthen our National Integrity. I appeal to consider following viewpoints while formulating the draft of Uniform Civil Code,’’she said. Dr Gorhe’s move is important as she has revealed her stand even before the Shiv Sena UBT led by Uddhav Thackeray has yet to make its position clear on the politically crucial UCC especially ahead of the upcoming general elections.
Dr Gorhe said that the UCC should lay emphasis on the Principle of Equality saying that ‘’Gender just Codes for all communities, through reform in personal laws with consultation, is the best way forward. The country needs equality among all citizens and between men and women.’’
During the latter half of 1990’s a consensus emerged among women’s movement regarding a strategic approach to advocate for gender-equitable legislation across three distinct levels. Firstly, the movement prioritized the reformation of personal laws to ensure justice and equality. Secondly, dedicated efforts were made to enact laws to address security in private and Public life.
Lastly, there was a collective recognition of the imperative to establish a comprehensive and inclusive gender-just framework that extended its reach beyond personal spheres, encompassing public domains as well.
According to Dr Gorhe It’s important to know that there are different laws regarding property and inheritance rights not just for different religious communities, but for different states too. ‘’North-eastern states like Nagaland and Mizoram have their own personal laws that follow their customs and not religion. Goa, which has had a common civil law since 1867, also has different rules for Catholics and other communities. The Uniform Civil Code draft standardised the process of marriage, partnership, right to adopt, divorce, custody of child, succession and inheritance in accordance with uniformity of gender as well as sexuality. While its contours have not been outlined, the Uniform Civil Code could mean a common set of laws governing personal matters for all irrespective of gender or religion. What is expected from the draft of Uniform Civil Code is to make provisions for the rights of citizens which are infringed by existing laws,’’ she opined.
Dr Gorhe asserted that a UCC is a unified legal structure intended to apply uniformly nationwide, covering all religious communities. ‘’It applies to all Indian citizens, regardless of religion. Laws on marriage, divorce, maintenance, inheritance and adoption must be consistent and standard for all citizens. That’s what a Uniform Civil Code is. The Uniform Civil Code is entry no 5 in the Concurrent List: “Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law,’’she said.
According to Dr Gorhe, the UCC was mentioned in Part 4, Article 44 of the Constitution as part of the Directive Principles of State Policy (DPSP). Despite this, it has not been implemented. The argument that Directive Principles are not justiciable is not acceptable De facto, Directive Principles have been considered crucially important as main pillars of the Constitution.
‘’Everyone knows about Mohd Ahmed Khan v. Shah Bano Begum judgement (1985(2) AIR 1985 SC 945) The Supreme Court had ruled in Bano’s favour, stating that the secular laws of India protected her right to alimony. However, in the face of backlash from orthodox Muslim groups who viewed the decision as an infringement on Islamic law or “Sharia,” the Rajiv Gandhi government passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. This act effectively nullified the Supreme Court’s verdict and exempted Muslim men from a maintenance obligation beyond the period of “iddat” (a waiting period in which a Muslim woman cannot remarry after she has been divorced.) Though the act was named after Muslim Women (Protection of Rights on Divorce) Act 1986 – it actually protected Muslim men. Muslim women protested against triple talaq and the Supreme Court of India held triple talaq against law and considered it to be unconstitutional on 22 August, 2017,‘’said Dr Gorhe.
‘’So from 1986 to 2017 for 30 years we deprived a large section of society of their rights due to political differences. Even though Dr Babasaheb Ambedkar has given rights to Muslim women as equal citizens the history of this law which was passed only in the spirit of male supremacy is very reprehensible and now even if a law is passed regarding talaq in the future, the women of the next generation should not be deprived of this,’’she observed.
Uniform Civil Code should not be confused with Goa Uniform Civil Code
Goa has a Uniform Civil Code despite the code not encompassing every subject an ideal Uniform Civil Code should address. The Goan Uniform Civil Code adheres to a principle of universality, applying equally across religions, while preserving certain specific rights. It has different rules for Catholics and other communities. Goa common civil code is based on the common civil code in Portugal. Therefore to consider the common civil code of Goa as ideal for India will be a huge mistake. Therefore it is important to emphasize the equal civil law for all communities in India.
