Is A Uniform Civil Code Really Necessary?

A plurality of personal laws enables harmonious management of age-old cultural diversities. Is a Uniform Civil Code really necessary?

- Partha S. Ghosh

A democracy presupposes equality of citizens before the law. As such, since there is one criminal code, there should ideally also be one civil code. Most western democracies fit this model, although as their societies have become increasingly multi-cultural, they have been forced into making innovations that dilute the code’s original rigidity. The case of India is somewhat distinct.

When it comes to family matters like marriage, divorce, inheritance, adoption, and maintenance, Indians are governed by their respective personal laws. But personal law does not signify private or individual law; rather, it means individual rights exercised by virtue of belonging to a particular community. For nearly a century now, many have demanded that India too ought to adopt a Uniform Civil Code (UCC), which will replace existing personal (i.e. community-based) laws and adjudicate all family matters under uniform rules.

A question many ask is why did the British, who ruled India for two centuries and gave us the Indian Penal Code of 1861, not promulgate a similar civil code. Overwhelmed by India’s mindboggling cultural diversity, they quickly discovered that the justice system they had inherited from the Mughals was quite efficient. This system relied upon religious laws, mainly Hindu and Muslim, to settle family matters. Accordingly, the British undertook a massive project to translate Hindu and Muslim religious texts into English. These translations provided the bases on which judges delivered justice.