Gender-Just Uniform Civil Code

Source: Indian Express
GS II: Indian Constitution, Polity and Governance, Fundamental Rights, Directive Principles of State Policy, Issues related to secularism and women’s rights.

Why in the News?

The debate over a Uniform Civil Code (UCC) has gained renewed attention following the implementation of the Uttarakhand UCC and discussions in several other States.

News in Brief

• Union Home Minister Amit Shah stated that the UCC would be implemented in all 21 BJP- and NDA-ruled States before the 2029 Lok Sabha elections.
• Gujarat, Assam, Madhya Pradesh and States such as Chhattisgarh, Maharashtra, Rajasthan and West Bengal have been considering or examining UCC-related frameworks.
• The Uttarakhand Uniform Civil Code raises questions about whether uniformity alone can ensure gender justice, particularly in marriage, divorce, maintenance, inheritance and family rights.
• It emphasis that consultations with women’s groups, legal experts, religious and community organizations and marginalized groups are important for developing  an inclusive framework.

Key Concerns Regarding a Gender-Just UCC

Uniformity versus substantive equality

• A UCC should not merely create a common set of rules.
• It should address existing inequalities within personal laws and ensure substantive equality for women.
• The concern is that a law may appear uniform while continuing to reproduce unequal outcomes for different groups.

Marriage and live-in relationships

• The Uttarakhand UCC introduces provisions concerning registration of marriages and live-in relationships.
• This raised concerns about;
  • Mandatory or extensive registration requirements.
  • Possible bureaucratic hurdles.
  • Privacy implications.
  • Greater surveillance of relationships through authorities and parents.
  • The need to protect individuals from social or familial pressure.
• The regulatory framework should distinguish between legitimate regulation and unnecessary intrusion into personal autonomy.

Divorce and access to justice

• Making every divorce a matter for civil courts could create a bottleneck in the justice system.
• Courts are already burdened with cases, while family disputes can take years to resolve.
• Suggested Reforms;
  • Customary divorces should be recognised where appropriate.
  • Alternative mechanisms should be strengthened.
  • Mediation and other forms of alternative dispute resolution (ADR) can help resolve disputes.
  • Courts should remain available for contested and complex matters.

Maintenance and economic rights of women

• Maintenance is an important component of gender justice.
• Experts calls for enforceable economic remedies for deserted women, including provisions relating to maintenance, automatic or timely financial support, distribution of marital assets, protection of automatically dependent spouses.
• A gender-just UCC should recognize the economic consequences of unpaid domestic and care work.

Hindu Marriage Act and Maintenance

• Under existing legal provisions, including the Hindu Marriage Act, spouses can claim maintenance in specified circumstances.
• It argues that protection should not be weakened merely in the pursuit of uniformity, particularly where existing provisions provide safeguards to women.

Property and inheritance rights

• Concerns are raised about women’s inheritance and property rights.
• Experts argue that a UCC should ensure;
  • Equal inheritance rights
  • Protection of women’s share in family property.
  • Protection of children’s property rights.
  • Safeguards against unilateral decisions affecting jointly held or family property.

Women’s unpaid care work

• A gender-just legal framework should recognize the economic value of unpaid domestic and care work.
• Women who spend years performing household and caregiving responsibilities may face economic disadvantages after separation or divorce.
• Therefore, marital property rules should recognize contribution through unpaid labour, rather than considering only direct monetary contributions.

Matrimonial property

• Instead of treating property solely according to formal ownership, the law could recognize contributions made through:
  • Household work.
  • Childcare.
  • Care of elderly family members.
  • Supporting the earning spouse.
  • Other non-monetary contributions during marriage.
• This can help establish a more equitable framework for property division after divorce.

Second marriage and maintenance

• Judicial decisions have also addressed cases where a spouse enters into a second marriage while financial obligations towards the first spouse continue.
• Legal safeguards should ensure that women do not lose their right to maintenance and financial security because of disputes regarding the validity or legality of the subsequent marriage.

Tribal and customary practices

• One major concern is the treatment of tribal communities and customary practices.
• The Uttarakhand UCC does not adequately address the Hindu Undivided Family(HUF), while certain customary practices may also require careful consideration.
• A nationwide UCC would therefore have to balance uniformity, constitutional equality, cultural diversity and tribal/customary rights.

Registration of marriages and live-in relationships

• Experts specifically questions provisions requiring registration of marriages, and live-in relationships.
• Excessive penalties for non-registration could disproportionately affect poor, marginalized and vulnerable communities.
• Instead of relying primarily on punitive measures, the framework should focus on:
  • Accessible registration.
  • Awareness.
  • Simple procedures.
  • User-friendly administrative mechanisms.
  • Protection of privacy.

Need for wider consultation

The role of the Maharashtra UCC committee, constituted on 9 July under Justice Ranjana Desai.

• It notes that the committee’s consultation process involved discussions with;
  • Individuals
  • Organizations working for women’s rights
  • Adivasi communities
  • Queer and transgender persons
  • Persons with disabilities.
• Such participation is important because a UCC affects diverse communities differently.

Constitutional Perspective

• The UCC debate is closely connected with the constitutional principles of;
  • Article 14- Equality before law
  • Article 15- Prohibition of discrimination
  • Article 21- Right to life and personal liberty
  • Article 25- Freedom of conscience and religion
  • Article 44- Directive Principle relating to a Uniform Civil Code
• The central challenges is to reconcile equality before law with freedom of religion, cultural diversity and individual autonomy.

What should a Gender-Just UCC focus on?

• A gender-just UCC should ideally ensure:
  • Equal rights in marriage and divorce.
  • Fair maintenance and financial security.
  • Equal inheritance and property rights.
  • Recognition of unpaid domestic and care work.
  • Protection of children and vulnerable spouses.
  • Accessible and affordable dispute resolution.
  • Protection of privacy and individual autonomy.
  • Recognition of legitimate customary and tribal practices.
  • Meaningful consultation with affected communities.
  • Special safeguards for marginalised groups.

Challenges in implementing UCC

• Different religious laws and customary practices make a common framework difficult.
• Balancing gender equality with freedom of religion remains a key challenge.
• Tribal and indigenous customary practices need to be protected.
• Effective implementation requires adequate administrative and judicial infrastructure.
• Excessive regulation of personal relationships may affect individual autonomy.
• Mandatory registration and reporting may raise privacy concerns.
• Lack of awareness and access to legal remedies can disadvantage vulnerable groups.
• Complex procedures and penalties may disproportionately affect economically weaker groups.
• The UCC must be aligned with existing family and personal laws to avoid legal conflicts.

Way Forward and Conclusion

The UCC should be developed through wide consultation with women’s groups, tribal communities, religious and social organisations, legal experts and other stakeholders. The focus should be on gender equality, accessible justice, protection of privacy, recognition of legitimate customs and adequate safeguards for vulnerable groups.

A UCC should go beyond mere legal uniformity and promote substantive equality and social justice. A balanced and inclusive framework can protect individual rights while respecting India’s diversity, making the UCC an instrument of gender justice and constitutional equality.

UPSC Prelims and Mains Practice Question

Consider the following statements regarding the Uniform Civil Code:

1. Article 44 of the Constitution deals with the Uniform Civil Code.
2. Article 44 is a Fundamental Right enforceable by courts.
3. Personal laws can involve issues such as marriage, divorce, inheritance and succession.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 only
(c) 1 and 2 only
(d) 1, 2 and 3

Answer: (a) 1 and 3 only

Mains Practice Question

Q) A Uniform Civil Code should aim at substantive gender justice rather than merely uniformity in personal laws. Discuss. ( 250 words)

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