Common Civil Code: Empowering through equality

In Bharat’s multifaceted legal landscape, a singular, all-encompassing family law that resonates across diverse socio-religious groups remains absent. The proposition of a Uniform Civil Code (UCC), which should ideally be called the Common Civil Code (CCC), seeks to bridge this gap, envisioning a unified legal framework that melds the myriad strands of family laws into a coherent whole. A law that will be common for all, applicable to all – just the way criminal law is. The CCC is envisaged as a codified set of common laws aiming to supersede diverse personal legislations especially regarding women and children in Bharat, thereby governing social domains such as matrimony, succession, and guardianship uniformly across all citizenries. This initiative is pivotal in fostering engendered-legal egalitarianism, fortifying the constitutional fabric of the Bharatiya polity, and advancing the ethos of gender equality, woman empowerment, child security, social equity, thereby knitting a more cohesive and inclusive societal tapestry.

As we stride into the 21st century, the clarion call for a CCC resonates louder than ever, particularly as the Uttarakhand has approved the CCC. Uttarakhand has become the first state in the country after Independence to adopt the CCC, though a similar legislation has been operational in Goa since the days of Portuguese rule.

 Key proposals of the bill

Uttarakhand CCC Bill marks a significant stride towards reforming personal laws in Bharat. It proposes the abolition of practices like polygamy and child marriage, advocating for a uniform marriageable age to ensure that girls have the opportunity to complete their education. The bill envisions equal inheritance rights for both sons and daughters, and uniform divorce procedures, emphasizing the necessity of marriage registration for accessing state services. This initiative extends adoption rights across the board, including for Muslim women, and calls for the elimination of controversial practices such as halala and iddat, while also making provisions for legal recognition of live-in relationships. This will not only empower the women of Uttarakhand and protect its children, but also will act as a precedent for the whole country.

Furthermore, the Bill carefully navigates the socio-cultural landscape of Uttarakhand by exempting Scheduled Tribes, acknowledging the need to preserve the unique heritage of the state’s indigenous communities. It proposes a harmonized approach to divorce, mandating court oversight and introducing a ‘cooling-off’ period to foster reconciliation. Innovative measures for child custody in cases of parental disputes suggest grandparents as potential guardians, simplifying the guardianship process for orphaned children and outlining provisions for the welfare of a deceased spouse’s parents. These comprehensive proposals reflect a thoughtful attempt to balance the preservation of cultural diversity with the pursuit of legal uniformity, aiming to weave a stronger fabric of national integration and social justice.

Time and again, Prime Minister Narendra Modi has emphasized that the country cannot function with multiple laws and underscored that the Common Civil Code aligns with the founding principles and ideals of the Constitution. The move by the Uttarakhand Govt to approve the CCC signals a step closer to the realization of a uniform legal framework in the state, addressing issues of personal laws that have long been a point of contention. Further, the central government is expected to utilize Uttarakhand’s Bill as a foundational blueprint for crafting a national CCC Bill, with plans to introduce it in Parliament’s winter session. However, the political arena shows a divide on the CCC, with parties like the Congress, CPI, and Trinamool among those opposing it, while AAP, Shiv Sena, and others support the initiative.

 Historical journey & contemporary debates

The discourse surrounding the Common Civil Code (CCC) in Bharat has long been a focal point of intense debate and contention, challenging the fabric of Bharatiya political and social spheres for many years. Its first mention can be traced back to the 1833 Charter Act, which granted the British government the authority to codify Hindu and Muslim laws. The laws were mainly around banning grotesque practices like Sati and legalizing widow remarriage in the Hindu community. In the lead-up to Bharat’s independence, the Lex Loci report of 1840 underscored the imperative for a unified legal framework, particularly concerning criminal, contractual, and civil law, leading to their significant development and acknowledgment. Despite this progress, the Queen’s Proclamation in 1859, which vowed non-intervention in religious matters, ensured that personal laws remained untouched, preserving traditional religious legal practices. However, it was only in the early 20th century that the idea of a CCC began to gain significant momentum.

The genesis of the CCC discourse can be traced back to the pivotal discussions within the Constituent Assembly, where luminaries such as Dr. Bhimrao Ambedkar, Sardar Patel, Hansa Mehta, and Meenu Masani, among others, laid the foundational arguments for a modernized legal system that upholds gender equality and individual rights, championing the cause of national unity and secularism. Despite the efforts of the notable leaders and later the inclusion of the CCC in the Directive Principles of State Policy, the proposal was met with resistance, particularly from sections of the Muslim community, highlighting the intricate challenge of reconciling a unified legal framework with Bharat’s pluralistic identity.

After the Constitution came into effect, the Bharatiya government undertook several reforms in Hindu personal laws. In the 1950s, a series of laws known as the Hindu Code Bills were passed, which reformed Hindu law and made it more progressive, especially concerning women’s rights. These included the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act. However, similar reforms were not carried out for other religious communities, particularly Muslims, due to political sensitivities and resistance from these religious groups. The imperative for a CCC has also been underscored by various rulings from the apex court, advocating for a harmonized legal framework that transcends the segmented laws currently governing familial and personal matters. These legal pronouncements not only interpret the constitutional mandate but also highlight the pressing need for a CCC to align with evolving societal norms and principles of justice. Below are five Supreme Court judgments that have significantly contributed to the discourse on the CCC:

Shah Bano Case (1985): A watershed moment, this case emphasized the need for a common civil code for women economic empowerment. The court underscored the disparities in maintenance granted to Muslim women under personal laws compared to women from other communities.

Sarla Mudgal Case (1995): Focusing on the Constitutional ethos of the nation, this case stressed the importance of a CCC in preventing discrimination against women based on religious lines. The court reiterated that a CCC would contribute to the larger goal of gender justice and equality.

John Vallamattom Case (2003): Highlighting the urgency of a CCC to avoid discrimination against vulnerable sections, particularly women, this judgment emphasized the need for a uniform legal framework to ensure justice and equal rights.

Danial Latifi Case (2001): While addressing the issue of maintenance, the court stressed the necessity of a CCC to ensure gender justice and protect the rights of women.

Joseph Shine Case (2018): A landmark judgment on adultery, this case underscored the need for gender-neutral and common laws. It contributed to the ongoing discourse on a CCC by emphasizing the importance of eliminating discriminatory practices in the name of personal laws.

All the above judgments and SC observations have time and again emphasized on the need for CCC to safeguard the rights of vulnerable and weaker sections of society – women and children, who are often dependent on the male members of the family across diverse socio-religious groups.

Current Personal Law System

Bharat currently operates under a system of separate personal laws. Hindus, Buddhists, Sikhs, and Jains are governed by the Hindu Code Bill (which includes laws like the Hindu Marriage Act, Hindu Succession Act, etc.), while Muslims are governed by their personal law (Shariat), which includes laws like the Muslim Personal Law (Shariat) Application Act. Christians and Parsis have their own separate personal laws. Additionally, the Indian Divorce Act and the Special Marriage Act are laws that anyone can opt into regardless of their religion. Currently, personal laws are discriminatory towards women, especially in the areas of marriage, divorce, and inheritance. For instance, Muslim women do not have the right to maintenance after divorce, similar to a Hindu woman. This creates ambiguity and discrimination among them. Numerous social and political organizations have actively championed the cause of a Common Civil Code (CCC) in Bharat. This advocacy can be traced back to 1967 when the Bharatiya Jana Sangh, in its manifesto, pledged to enact a CCC if it assumed power, with a specific focus on issues like marriage, adoption, and succession. In 1972, the Maharashtra Muslim Women’s Conference, presided over by Sharifa Tyabji, voiced support for the CCC and fundamental rights for women. Subsequently, in 1974, a delegation of six Muslim individuals met President Fakhruddin Ali Ahmed, urging the adoption of a common code to safeguard women’s rights. Prominent figures and organisations such as former Maharashtra chief minister Sharad Pawar, Harkishan Singh Surjit of the Communist Party of India (M), and the Rashtriya Swayamsevak Sangh (RSS) have endorsed the CCC, emphasizing its alignment with Article 44 of the Constitution. This advocacy continued through various party manifestos, culminating in a call for the CCC’s implementation. The Common Civil Code thus, will ensure that all women and children, regardless of their religion, are treated equally and fairly in all matters of personal laws. Also, having a single set of laws would address the problems of multiple laws in different regions and would be more convenient for judicial procedures. The implementation of a Common Civil Code would also strengthen the true character of the Indian Constitution.

Customs, Traditions to stay unaffected

Contrary to apprehensions, this law will not influence the marital customs of different religions or tribes. It is important to emphasize that the Common Civil Code will not interfere with the customs and traditions of any religion or tribe in Bharat. Marital customs, such as ‘Nikah’ among Muslims, ‘Anand Karaj’ among Sikhs, ‘Phera in front of fire’ among Hindus, and ‘Holy Matrimony’ among Christians, will continue to be practiced according to the respective beliefs of each religion.

Furthermore, the Common Civil Code will not impact the customs and traditions of tribal communities in the country. The Indian Constitution contains provisions to protect the social and traditional practices of tribes, such as Article 371(A) for Nagas and Article 371(G) for Mizos. Additionally, the establishment of the National Commission for Scheduled Tribes and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 further safeguard their rights and customs. Tribal areas are designated under the Fifth and Sixth Schedules of the Constitution, and various councils and autonomous bodies ensure the protection of tribal customs and traditions. Therefore, the Common Civil Code will not affect the constitutional safeguards in place for tribal communities.

Way Forward

The current government’s commitment to the welfare of women and children goes beyond mere words, evident in its tangible actions at the grassroots level. The recent passage of the Nari Shakti Vandan Bill in Parliament marks a substantial milestone in the pursuit of gender equality. Furthermore, a series of impactful initiatives, including the PM Ujjwala Yojana, support for Anganwadi workers, a dedicated focus on maternal health, and programs such as the Lakhpati Didi scheme, Mission Shakti, Mahila Samman Savings Certificate scheme, and PM Matru Vandana Yojna, all underscore its unwavering dedication. Concurrently, resources from PM CARES have been channeled to provide aid to children orphaned during the COVID-19 pandemic, while initiatives like Beti Bachao Beti Padhao, skill development programs, and AI-integrated learning platforms are strategically positioned to secure a prosperous future for the nation. The forthcoming Common Civil Code (CCC) serves as another significant step in the government’s mission to empower women and children, reaffirming its steadfast commitment to their well-being and progress.

“There is no chance of the welfare of the world unless the condition of women is improved. It is not possible for a bird to fly on one wing.” -Swami Vivekananda

 

The CCC emerges as a beacon of progressive legal thought, aspiring to weave the rich tapestry of existing personal laws into a contemporary legal narrative, discarding antiquated notions that no longer serve the collective conscience. This aspiration is in harmony with the constitutional ethos encapsulated in “We the People of India”, celebrating the nation’s intricate mosaic of cultures while advocating for an equitable legal edifice that ensures justice and equality for every citizen.