UCC though complex but may be progressive, opine legal eagles

By Amiya Kumar Kushwaha

New Delhi [India], July 13 : As two days are left for common public to present their views on the Uniform Civil Code (UCC), the legal experts have opined that though UCC is a complex legislation but would be progressive. 

Article 44 of the Constitution of India says that the State shall endeavour to secure a Uniform Civil Code throughout India. UCC is a common set of laws dealing with marriage, inheritance adoption and other matters and not based on religion. Opposition parties and the ruling government have locked horns over the issue, experts said. 

Expressing his opinion, Senior Advocate Vikas Singh said that UCC has to come but with robust public debate where government ensure that people of the country should know what exactly it is. 

Quoting Article 25 in the Constitution of India, Senior Advocate, Vikas Singh, further added that religion freedom is subject to public order and if there is anything that can be said against anti-equality, there is no religion freedom to exercise that right. 

"If UCC brings minimum age of marriage and equal inheritance right for women then this something permissible under constitutional schemes and also will be acceptable to all the religions provided the intelligentsia is taken into confidence of each religion and after a proper debate on this," he said. 

Another Senior Advocate Geeta Luthra said, "I believe the UCC though a complex legislation may be very progressive."

However the property succession laws both Hindu Undivided Family and Muslim Syrian Christian and other denominations need an in depth dealing with sensitivity, she said. Adding further, she said that monogamous marriage, maintenance custody access or sharing age of marriage can be taken care. 

Saburi Raina, who is Co- founder of HAQ (HNLU’s alliance for queers), also said that the concept of UCC is very contentious in India but but it is definitely a step towards a progressive country. 

"Eradicating personal laws will not only lead to equality irrespective of religions, but irrespective of genders and sexual orientations also," he said while expressing hope that the implementation of UCC is inclusive of the rights of LGBTQIA+ community people. 

According to Sonam Gupta, a young lawyer practicing in Supreme Court, implementation of UCC will be a great challenge in getting constitutional validity on the ground of its interference with the religious freedom and the constitutional guarantees. 

"What also needs to be seen is whether the UCC adopts the best of all personal laws or remains closes to Hindu personal laws. The upside of UCC is that it will help bring more uniformity in personal laws and will make personal laws dynamic and adaptable to changing times. Otherwise, personal laws don't change," Sonam Gupta opined. 

Citing the instance relating to decriminlisation of homosexuality and the live-in relationships which still not being accepted by the society, she said, "To look at it from the other side, is also that once law gives validity to a concept, then sooner or later- society accepts and absorbs it." 

Sonam Gupta also hoped that UCC will obviously be a boon to the oppressed class especially women. 

With regard to the reference dated June 17, 2016, sent by the Ministry of Law and Justice, the 22nd Law Commission of India examined the subject matter of the Uniform Civil Code. The 22nd Law Commission of India had decided again to solicit the views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code and asked the interested ones to present their opinions by July 14.

According to noted lawyer Ashish Dixit the Law Commission can only give suggestions in the form of a report, which is strictly not binding on the Government. If Government is of the view that the time is right to implement UCC it would require the approval of parliament, he further added. 

Senior Advocate Nidhesh Gupta has said that "at the same time while providing a Uniform Civil Code, which provides a common minimum code for all citizens to follow, there must be some play in the joints for different citizens to pratice and profess matters of their faith." 

Advocate Utkarsh Singh, who deals with human rights violations, remarked that In India, even "Equality before the law" is read as "Equality among equals". Singh also pointed out that drawing a straight line in the name of UCC can be very complex.