Uniform Civil Code (UCC) – Myths, Misconceptions, Distorted Information, and Rumors vs. Reality

 

Uniform Civil Code (UCC) – Myths, Misconceptions, Distorted Information, and Rumors vs. Reality

On social media, attempts are being made by non-Hindu groups to give a new twist to the Uniform Civil Code (UCC) issue by linking it to the concept of a 'Hindu Rashtra' (Hindu nation). The question arises: are non-Hindu groups unaware of what the UCC actually entails? We should all be aware that the UCC was an aspiration of the freedom fighters and the Constituent Assembly, and it is explicitly enshrined in the Indian Constitution. Furthermore, the Honorable Supreme Court has, from time to time, expressed dissatisfaction and deep concern to the Central Government regarding the failure to implement the UCC. However, such irresponsible comments regarding the UCC raise several questions. Certain forces seek to tarnish and malign India's growing stature. It is essential to examine the myths surrounding the UCC against the actual facts and truth—such as:

UCC and 'Hindu Rashtra'

1. Myth – An attempt to turn India into a 'Hindu Rashtra'. Reality – The UCC is in accordance with the Constitution (Article 44). The UCC forms the foundation of a secular nation; secularism is an integral part of the Indian Constitution under the 'basic structure doctrine'.

2. Misconception – Hindu personal law will be imposed on everyone. Reality – Respecting the personal laws derived from the scriptures of all communities will be the focal point of the UCC. For instance, Hindus can perform *Kanyadaan* and *Saptapadi*, Muslims can conduct *Nikah*, Sikhs can hold *Anand Karaj* ceremonies, and people of all faiths will be able to solemnize marriages while observing their respective religious customs and traditions.

3. False News – Implementation of the *Manusmriti*. Reality – Talk of implementing the *Manusmriti* is baseless, factually incorrect, and reflects a misleading mindset regarding the UCC.

UCC and Sharia Law

1. False News – The UCC is anti-Muslim. Reality – The UCC establishes equal rights for men and women within personal laws.

2. The misconception is that the age of marriage under Sharia law cannot be altered; however, the reality is that the ages are 21 for men and 18 for women (as seen in Bangladesh, a Muslim nation that was historically part of the Indian map).

3. Myth: Changes to divorce laws violate Sharia; Truth: Section 2 of the Muslim Marriages Act, 1939, grants equal rights to men and women regarding divorce (a provision also implemented in Bangladesh, a Muslim-majority nation that was historically part of the Indian subcontinent).

4. Distorted Information: Polygamy is unrestricted under Muslim law; Truth: In Bangladesh and Pakistan—countries historically part of the Indian subcontinent—entering into more than one marriage requires the wife's consent and legal permission.

5. Rumor: Maintenance for women violates Sharia; Truth: Based on the correct interpretation of the Quran, the Supreme Court upheld a woman's right to maintenance in the Shah Bano case (under Section 125 of the CrPC).

6. Myth: Muslim inheritance laws are being tampered with; Truth: The Supreme Court of Indonesia interpreted the term 'walad' in Quranic verse 4:176 as referring to 'offspring'—encompassing both sons and daughters.

7. False News: Muslim Personal Law cannot be amended; Truth: During Constituent Assembly debates, Dr. Ambedkar explicitly cited examples to refute the claim that Muslim Personal Law is unchangeable, calling it a massive falsehood.

8. Misleading Information: Sharia law is paramount for Muslims; Truth: The Muslim community in India has never opposed laws such as the CrPC (now BNSS), the Evidence Act (now BSA), or the IPC (now BSN).

Dr. Ambedkar and the Constituent Assembly

Myth: Dr. Ambedkar opposed the UCC in the Constituent Assembly; Truth: Dr. Ambedkar was in favor of implementing the Uniform Civil Code.

Constitution – Fundamental Rights

1. Myth: Personal Law is protected under the Constitution; Truth: Under the framework of Fundamental Rights in the Indian Constitution, Article 44 can only be implemented if Personal Laws are aligned with constitutional principles.

2. Misleading Information – UCC is interpreted as a single law for all religions, whereas the reality is that UCC means granting equal rights to men and women across all personal laws while fully respecting the fundamental tenets of religious scriptures.

Impact on Tribals

Myth – It will adversely affect tribal people; whereas the truth is that the UCC will be considered with the customs, traditions, and religious scriptures of all Indians at its core.

Supreme Court

Myth – The UCC is not part of the Fundamental Rights in the Indian Constitution; whereas the truth is that the Supreme Court has repeatedly criticized the Government of India for the violation of constitutional Fundamental Rights due to the non-implementation of the UCC.

Law Commission of India Report (2018)

False News – The 2018 Law Commission of India report stated that the time was not right for the UCC; whereas the truth is that there is no "Law Commission of India Report" from 2018—rather, it is a *Consultation Paper* by the Law Commission. It clearly states that granting equal rights to men and women across all personal laws while fully respecting the fundamental tenets of religious scriptures is the primary, essential condition for implementing the UCC.

Uniformity and Diversity

1. Myth – UCC implies "Uniformity"; whereas the truth is that it is not about uniformity *per se*, but about respecting diversity within personal laws and the fundamental tenets of religious scriptures; "uniformity" here refers only to equality and uniformity in the rights of men and women.

2. Distorted Information – There will be no diversity under the UCC; whereas the truth is that the UCC will be based on the principle of "unity in diversity."

Language and Culture

1. Misconception – The UCC poses a threat to language and culture; whereas the truth is that Articles 29 and 30 of the Indian Constitution provide protection for language and culture. 2. Myth – Misconceptions regarding the UCC and culture; the reality is that UCC stands for 'Uniform Civil Code,' not 'Uniform Culture Code.'

Current Status of UCC in India

Distorted Information – The claim that the UCC cannot be implemented in India; the reality is that the UCC is already in force in the states of Goa, Assam, and Uttarakhand. Following Rajasthan, a committee regarding the UCC has also been constituted in Maharashtra. The State of Rajasthan has invited valuable suggestions from everyone concerning the UCC law. Please participate in the policy-making process. Share your views on the committee's website: https://ucc.rajasthan.gov.in

 

Surya Pratap Singh Rajawat

Advocate, Rajasthan High Court, Jaipur

9462294899