What’s Next for India’s Uniform Civil Code? Political Dynamics and Legislative Moves Explained
UCC Gains Momentum in Legislative Agenda
Government sources indicate that the Uniform Civil Code (UCC) has ascended to a priority position on the central government’s legislative agenda, particularly following the bipartisan support for the Waqf Bill in Parliament.
Despite not achieving a full majority in the latest Lok Sabha elections, the BJP continues to govern with the assistance of allies like the Janata Dal (United) and the Telugu Desam Party. Initially, the administration opted to steer clear of divisive topics to maintain coalition harmony. However, the unexpected backing for the Waqf Bill from parties such as the YSR Congress and Biju Janata Dal has encouraged the government to push forward with the UCC.
Strategic Political Moves in Tamil Nadu
In Tamil Nadu, where elections are on the horizon next year, the BJP is collaborating with AIADMK and postponing contentious discussions on delimitation and language policy, which they believe could benefit the opposing DMK.
Modi Advocates for a Secular UCC
During a speech in Haryana on April 14, Prime Minister Narendra Modi addressed the UCC, accusing the Congress party of hindering constitutional reforms.
Modi stated, "Whenever the Congress faced a political crisis, they undermined the Constitution. The essence of the Constitution advocates for a uniform civil code for everyone — what I refer to as a secular civil code. The Congress has never shown the resolve to implement it."
He pointed out the UCC's implementation in Uttarakhand under BJP governance, asserting that the law guarantees equal rights without targeting any specific community.
Law Commission to Finalize UCC Draft
The 22nd Law Commission, chaired by retired Justice Rituraj Awasthi, had previously released a draft of the UCC for public input, gathering feedback from nearly 10 million citizens and 30 organizations. However, its term ended before the draft could be finalized.
The 23rd Law Commission has now been reactivated, with a notification issued on September 2, 2024, for its establishment. Justice Dinesh Maheshwari, who retired from the Supreme Court in May 2023, is expected to be appointed as chairman.
Advocate Hitesh Jain and Professor D.P. Verma are anticipated to be named as full-time members, with their appointment announcements expected soon.
Key Features of the UCC
1. Equal Property Rights:
Both sons and daughters will inherit property equally, irrespective of their community or category.
2. Property Succession:
Upon an individual's death, property will be distributed equally among the spouse, children, and parents, contrasting with previous laws that granted legal claims solely to mothers.
3. Divorce Equality:
Divorce can only be granted on equal grounds by both partners, eliminating the sufficiency of a unilateral claim.