Explained - Uniform Civil Code | Modi's One Nation One Law by 2024? | Akash Banerjee & Adwaith

Summary

The video script delves into the complexities of the Uniform Civil Code (UCC) in India, exploring its historical context, current debates, and potential impacts on various religious communities. It discusses the British influence on Indian law, the evolution of personal laws, and the challenges of implementing a UCC that balances religious freedom with gender equality and social justice. The script also touches on the political motivations behind the push for UCC and the need for a nuanced approach that respects India's diversity.

Takeaways

• 🔥 A 3000-member group threatened to burn down MLA homes if the Uniform Civil Code (UCC) is implemented in Nagaland.
• 📜 Amit Shah assured certain groups exemption from UCC, and Adivasi bodies requested exemption based on the 5th schedule.
• 🙏 The All India Muslim Personal Law Board opposed UCC and sought exemption for religious minorities.
• 🤔 The debate around UCC has begun, but the draft is not publicly known, and exemptions are already being demanded and assured.
• 🏛️ Experts suggest that a fully applied UCC would cause issues not just for Nagaland or Muslims, but also for Jharkhand and Christians, and even Hindus.
• 🏆 The BJP's promise of UCC is taking longer to fulfill compared to Ram Mandir and Article 370, which had clear agendas.
• 🗳️ UCC has been brought to attention by PM Modi before the general elections, becoming a hot topic without a clear draft or bill.
• 📈 Other political parties have criticized PM Modi for not addressing issues like price rise and job loss, using UCC as a distraction.
• 📚 The complexity of UCC is largely unknown to the public, with only law students having a deeper understanding.
• 👨‍👩‍👧‍👦 The script suggests that India should ideally have a UCC, like minimum wage and universal healthcare, but questions its practicality today.
• ⏳ The script questions whether UCC can be implemented before 2024 or if it's merely a political distraction.

Q & A

什么是统一民法典（UCC）？

统一民法典（UCC）是指在印度，一套普遍适用于所有宗教社区的法律，用于处理个人事务，如婚姻、继承等。它旨在取代目前各宗教社区所遵循的不同个人法律。

为什么有团体反对在Nagaland实施UCC？

Nagaland的团体反对实施UCC，因为他们担心这将威胁到他们的习俗法、社会习俗和宗教习俗。Nagaland政府和人民认为，如果实施UCC，这些习俗将面临被侵犯的危险。[^4^]

Amit Shah对Nagaland的UCC立场是什么？

Amit Shah向Nagaland政府保证，中央政府正在积极考虑将基督教徒和一些部落地区从22nd Law Commission的UCC实施范围中豁免。[^6^]

UCC对Hindu Undivided Family (HUF)的税收优惠有何影响？

如果实施UCC，HUF作为税收优惠实体可能会受到影响。HUF允许印度教家庭减少税收负担，但如果UCC被引入，HUF可能会被废除，或者可能会为每个宗教引入类似的税收优惠框架，尽管后者的可能性很小。[^10^]

为什么有人认为UCC是印度宪法的要求？

UCC被认为是印度宪法的要求，因为它被列在宪法的政策指导原则下，旨在确保所有公民无论宗教信仰如何，在法律面前一律平等。

All India Muslim Personal Law Board对UCC有何看法？

All India Muslim Personal Law Board反对UCC，认为这是对他们身份的攻击，并且认为现有的'统一'法律并不是真正的统一，例如在Goa的法律中，如果妻子30岁仍未生育，印度教男子可以再婚。[^3^]

印度宪法的第五附表是什么？

印度宪法的第五附表规定了部落土地（称为“计划区域”）的管理和控制，为居住在计划区域的Adivasi（部落）人提供了保护，防止他们的土地和自然资源被非部落人侵占。[^11^]

UCC的实施是否会影响印度的多样性？

批评者认为，UCC可能会威胁到印度的多样性，因为它可能会迫使不同社区放弃他们独特的文化习俗和传统。然而，支持者认为，UCC可以通过确保所有公民在法律面前的平等来促进国家统一和团结。

印度法律委员会对UCC有何看法？

21st Law Commission of India认为，目前实施UCC可能没有必要或不可取。相反，它建议对不同社区的现有家庭法律进行一系列改革，以确保所有人的正义和平等。

UCC是否已经在印度的任何地方实施？

是的，UCC已经在Goa成功实施，那里的所有Goans，无论宗教如何，都受到统一民法典的管辖。

Outlines

00:00

🔥 Civil Unrest and Political Debates on UCC

The paragraph discusses the potential backlash against implementing a Uniform Civil Code (UCC) in Nagaland, with threats of violence. It highlights the assurances of exemption from UCC by Amit Shah and the requests for exemption by Adivasi bodies and the All India Muslim Personal Law Board. The paragraph also touches on the uncertainty surrounding how UCC would affect Hindu Undivided Families (HUFs) and the lack of clarity on the UCC's draft. It points out that full implementation of UCC could cause issues for various communities and religions, not just in Nagaland or among Muslims and Christians. The paragraph reflects on the BJP's slower progress on UCC compared to other promises and the increased attention it's receiving before elections, despite the absence of a clear draft or bill.

05:05

📜 Historical Context and the Evolution of Legal Codes

This paragraph delves into the historical background of India's legal system, influenced by British colonial rule. It explains the distinction between criminal and civil law and how the British implemented a uniform criminal code but not a civil one, leaving personal laws to religious practices. The paragraph outlines the efforts of leaders like Raja Ram Mohan Roy and the establishment of law commissions aimed at creating uniformity in laws. It also discusses the challenges faced in implementing a UCC, including the post-partition context and the directive principles of state policy that aimed for legal uniformity.

10:08

🏛️ Legal Disparities and the Struggle for Equality

The paragraph addresses the complexities of family law within the context of UCC, questioning why family laws should not be uniform like other civil laws. It discusses the historical development of personal laws under British rule and the subsequent changes, including the Bengal Sati Regulation Act and the Hindu Widow Remarriage Act. The paragraph also highlights the Shah Bano case and the political response to it, which led to a new law that was later overturned, illustrating the ongoing struggle for gender equality and legal reform within the Muslim community.

15:11

👥 Societal Norms and the Impact of Legal Reforms

This paragraph explores the societal norms and legal reforms related to guardianship, inheritance, and polygamy. It points out the differences in Hindu and Muslim family laws and how they have evolved over time. The paragraph also discusses the decline in polygamy rates and how it varies across different communities and income levels. It emphasizes the need for gender equality in family courts and the challenges in achieving a uniform civil code that addresses these disparities.

20:24

📊 Legal Disparities and the Need for Reform

The paragraph examines the disparities in Hindu succession law and the challenges faced by the Muslim community regarding inheritance and the age of consent. It also addresses the issue of child marriages, which have increased during the pandemic, and the problems with the Special Marriage Act. The paragraph summarizes the findings of the 21st Law Commission's report on family law, which suggests that a UCC is neither necessary nor desirable at this stage due to the complexity and diversity of existing laws and customs.

25:29

🌐 Diversity, Legal Reforms, and the Politics of UCC

This paragraph discusses the diversity of laws and customs across India and the challenges of implementing a UCC. It raises questions about the potential impact on Hindu Undivided Families, matriarchal tribes, and customary laws in the northeast. The paragraph also critiques the political motivations behind the push for UCC and suggests that improving existing family laws to be more gender-just might be a more practical approach. It concludes by questioning the political use of UCC and whether its implementation would lead to tangible improvements in employment or income.

Keywords

💡Uniform Civil Code (UCC)

The Uniform Civil Code (UCC) is a proposed set of laws in India aimed at replacing the existing personal laws of different religions with a common, uniform civil code. This would standardize laws related to marriage, divorce, adoption, inheritance, and other personal matters across all communities. The concept of UCC is rooted in the Indian Constitution's Directive Principles of State Policy (Article 44), which encourages the state to promote a uniform civil code. The UCC's implementation has been a topic of debate due to concerns over its impact on religious and cultural diversity, as well as its potential to address gender inequality and modernize family laws [^28^].

💡Amit Shah

Amit Shah is an Indian politician who serves as the Minister of Home Affairs in the Government of India. In the context of the UCC, Amit Shah has been quoted as assuring certain groups exemption from the UCC, indicating the government's stance on accommodating diverse interests while considering the implementation of a uniform civil code [^1^].

💡Hindu Undivided Family (HUF)

Hindu Undivided Family (HUF) is a legal entity under the Indian income tax law, which allows a group of lineally descended family members to club their income and save on taxes. The HUF structure is deeply rooted in Hindu customary laws and is seen as a potential target for reform or abolition under a potential UCC, as it provides tax benefits that are not available to all religious communities [^4^].

💡5th Schedule

The 5th Schedule of the Indian Constitution pertains to the administration and control of Scheduled Areas and Tribal Areas. It provides special protection and autonomy to tribal communities, including their customs and traditions. The implementation of UCC raises concerns among tribal groups, like the Adivasis, who fear that their rights and customs, protected under the 5th Schedule, might be threatened by a uniform civil code [^3^].

💡Adivasi bodies

Adivasi bodies refer to the organizations representing the interests of the Adivasi or tribal communities in India. These bodies have expressed concern over the UCC, fearing that it could undermine their customary laws and rights, which are integral to their cultural identity and protected under various constitutional provisions, including the 5th Schedule [^14^].

💡All India Muslim Personal Law Board

The All India Muslim Personal Law Board is a organization that seeks to protect and preserve the personal laws of Indian Muslims, as derived from Islamic principles. The Board has objected to the UCC, arguing that it could jeopardize the religious and cultural identity of Muslim communities by replacing their personal laws with a uniform code [^10^].

💡Tax saving

In the context of the UCC debate, tax saving often refers to the financial benefits that certain entities, like the Hindu Undivided Family (HUF), enjoy under the current tax laws. There are concerns that the implementation of UCC might affect these tax-saving mechanisms, potentially leading to changes in the tax structure that could impact individuals and families [^11^].

💡Nagaland

Nagaland is a state in India known for its unique history and constitutional guarantees under Article 371A, which protect its distinct social, religious, and customary laws. The state assembly of Nagaland has passed a resolution seeking exemption from the UCC, highlighting concerns that the uniform civil code could infringe upon these special protections and the cultural identity of the Naga people [^20^].

💡Article 370

Article 370 was a constitutional provision that granted special autonomy to the state of Jammu and Kashmir, allowing it to have its own constitution and control over certain matters. Its abrogation by the Indian government has been cited as a precedent for the potential implementation of the UCC in states that have previously enjoyed special status or autonomy [^12^].

💡Ram Mandir

Ram Mandir refers to a controversial temple in Ayodhya, India, which has been the center of a long-standing legal dispute between Hindus and Muslims over the ownership of the land. The construction of the Ram Mandir is seen as a fulfillment of a promise by the Bharatiya Janata Party (BJP), and the UCC is sometimes viewed as another such承诺, albeit a more complex and contentious one [^21^].

Highlights

A 3000 member group in Nagaland threatens to burn MLA homes if the Uniform Civil Code (UCC) is implemented.

Amit Shah assured exemption from UCC to certain groups.

Adivasi bodies and the All India Muslim Personal Law Board requested exemption from UCC.

The impact of UCC on Hindu Undivided Family (HUF) and its tax-saving benefits is unclear.

The debate around UCC has begun, but the draft has not been seen by many.

Exemptions from UCC are already being demanded and assured, raising questions about its implementation.

Experts suggest that a fully applied UCC could cause issues for various communities and religions.

The BJP's third promise, UCC, is taking longer to fulfill compared to Ram Mandir and Article 370.

PM Modi brings UCC to attention before general elections, sparking debate without a clear draft or bill.

Other political parties have expressed varied views on UCC, some criticizing PM Modi's silence on other issues.

Support UCC petitions are circulating, but the complexity of UCC is largely unknown to the public.

The ideal of a UCC is discussed alongside other societal ideals like minimum wage and universal healthcare.

The feasibility and practicality of implementing UCC before 2024 are questioned.

The term 'Uniform Civil Code' is broken down to explain its meaning.

India's legal system, influenced by English legal theory, distinguishes between Criminal and Civil cases.

The history of the UCC debate, including the role of the British and the evolution of personal laws.

Nehru and Ambedkar's intentions for a UCC and the challenges in implementing it.

The Directive Principles of State Policy include the intention for a UCC but also other unaddressed issues.

The balance between individual rights, community rights, and religious freedom as per the Constitution.

The Shah Bano case and its impact on the debate around UCC and Muslim Personal Law.

The comparison of polygamy rates among different religious communities in India.

PM Modi's statement on the necessity of equal laws for all members of a household.

The 21st Law Commission's report on family law and its recommendations for UCC.

The complexity and potential issues if UCC is implemented without considering regional and religious diversity.

The political motivations behind the UCC debate and its impact on polarization and votes.

The conclusion that improving existing family laws to be gender just might be more effective than implementing UCC.

Transcripts

If uniform civil code is implemented in Nagaland then MLA homes will be burned - that is the threat passed down by a 3000 member group, in writing

Amit Shah assured them exemption from UCC

Adivasi bodies also requested exemption from UCC by the virtue of 5th schedule

All India Muslim Personal Law Board objected to UCC and asked religious minority to be exempted

It is not clear yet if UCC will affect Hindu Undivided Family - HUF that is useful in saving taxes

Debate around UCC has started - but what exactly is uniform civil code? Who has seen its draft?

But exemptions are already demanded and assured ... then what is the point?

Experts say that if UCC is applied fully then not only Nagaland, Jharkhand and not only Muslim, Christian - Hindu will also be facing problems

Maybe that's why after Ram mandir and article 370, BJP's third promise is taking longer to fulfil

First two promises were delivered - agenda was clear ... but UCC is a complicated issue otherwise it would be implemented by now

Right before general elections, UCC is brought to attention by PM Modi ji

The issue has become a hot topic of debate on news channels - but without draft or bill

Other parties have also expressed their views

.... that PM Modi cannot speak on price rise, job loss and Manipur, but he has to say something

Support UCC petitions are doing the rounds on whatsapp forwards, but no one knows - except 4th year law students - how complicated and nuanced UCC is

We will try to explain UCC in simple terms

But first let us be clear on thing - ideally in theory we believe India should have a UCC

... just like there should be minimum wage for laborer, free college education and universal free healthcare

But what is possible and practical today? Our focus will be upon that in this video

Can UCC be implemented before 2024 or is it just distraction?

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Let us break down the words - Uniform is easy to understand ... that which is same for everyone

Code is a collection of laws

Now, what is this Civil?

India's legal system is influenced by English legal theory - in which Criminal and Civil are two distinct categories

Suppose Manoj attacks and kills Pravesh ... as per the English legal theory, Manoj broke the law by committing a crime, against the whole society - and will be facing a criminal case in court against the State

Civil case deals with personal relation and issues between Manoj and Pravesh - like marriage, employment contract, etc.

Here are examples of criminal cases

India has a Uniform Criminal Law - punishment is equal for everyone no matter the community they come from (though some are garlanded, that's different)

Now these are examples of civil cases - related to property, business, family

For most part - India has a uniform civil law ... in contract, property and business

But family law is influenced by religious practices

All these mentioned come under the domain of family law - and uniform civil code will deal with these so that family laws are also same

If all the other laws are same for everyone - then why not family laws?

To know, let's dive into history ... when the Brits brought their legal theory in India

If a thief breaks into house, focus will be on robbery and not solving family issues - right? That was the intention of the British in India

But as the British also gained political control over India, they had to oversee administration apart from trading - not because they were nice - they wanted to implement a system for their benefit

They introduced a judicial plan in 1772 and implemented a uniform criminal code in their areas of jurisdiction

The British stayed away from civil cases ... so Muslim and Hindu had their own personal laws - but still there were problems of caste in both religions

British started reading up on both religions and codified Hindu and Muslim laws as per their knowledge introduced exemptions as well

With time, personal laws changed and the British also started interfering - especially when Raja Ram Mohan Roy pressurized the administration

In 1829, Bengal Sati Regulation Act and Hindu Widow Remarriage Act in 1856 were passed

Moreover, the British set up law commissions to introduce uniform laws in our society

But these changes were not enough

- No equality in inheritance - No right to divorce

Thousand year old practices could not be altered in few years - not even in decades

Nehru and Ambedkar wanted uniform civil code - this intention is clear in directive principle of state policy

But they also knew UCC was a challenge to implement amid post partition wound and unification of princely states

We forget that initially, western nations used to bet on India failing - from poverty and hunger

... and the foundations of us becoming a superpower were installed in the last 70 years

Ambedkar wanted to make UCC should be introduced as optional ... while Nehru first wanted codification of Hindu laws

Nehru knew it was possible ... that he could convince Hindu community to reform; which is how it should be done - by consultation, not by force

But conservative Hindu leaders opposed, although Nehru established absolute majority in 1952 election and passed the laws in 4 parts

In these acts, "Hindu" is described as anyone who is not Muslim, Parsi, Jew or Tribal

In other words - Sikhs, Jains and Buddhists also included

Goal was that other communities also observe and follow these modernized laws ... so that there is a uniform civil code - but unfortunately that didn't happen

That is why many agree that UCC has to be implemented by force, to deliver on directive principles

By the way, directive principles of state policy also mentioned alcohol prohibition and prevention of wealth inequality

Main issue is of individual and community rights

Article 14 to article 24 in our constitution protect the rights of individual, while article 25 to 30 protect religious freedom

Article 25 grants right to profess, practice and propagate religion, with reasonable restrictions - like you cannot affect other's fundamental rights in the process

That is why abolition of untouchability happened ... you cannot say it is part of religion so you practice it- you just cant hurt others' rights

The biggest complaint is why no interference in Muslim Personal Law - as they are regressive and unequal?

Let's address that question

The most famous case in this debate is Shah Bano case

70 year old Shah Bano filed a case against husband Ahmed Khan as he had stopped sending maintenance money after living separately

Ahmed Khan divorced Shah Bano and said he'd pay maintenance only till Iddat Period - 3 months

Court decided that case is under section 125 - maintenance law

If wife is unable to maintain herself then husband has to provide financial maintenance - that is the law

Court ordered Ahmed Khan to give monthly alimony until Shah Bano is alive - this judgment was a very progressive interreference in Muslim personal law

But unfortunately, the new PM Rajiv Gandhi came under the pressure of conservative Muslim leaders and tried to overturn court decision ... with a new law -

According to this, Muslim husband will pay maintenance for only 3 months ... after that the responsibility is of woman's family or waqf board

This move by Rajiv Gandhi is seen as appeasement, but wait there is more...

Danial Latifi, lawyer of Shah Bano filed petition against the law of Rajiv Gandhi

Late but a judgment was given in 2001

Winning argument is that in Muslim Women (Protection of Rights on Divorce) Act - there was no mention of time frame of iddat period for reasonable and fair maintenance

Latifi sahab made compelling argument that woman should be able to match pre divorce standard until then fair and reasonable maintenance to be given, in monthly instalments

Which is already mentioned in section 125

The law used by Rajiv Gandhi to overturn court decision was itself overturned in the court - and Muslim woman gets same maintenance right as Hindu woman

Why am I telling you this? Because Shah Bano and Danial Latifi were both Muslims - who brought this reform in Muslim maintenance law

Now here is another example...

As per Hindu minority and guardianship act 1956 - only father can be considered guardian (very misogynistic law) why not the mother?

In 1999, supreme court discarded this provision and ruled that "the father cannot be ascribed to have a preferential right over the mother in the matter of guardianship"

Issue of polygamy also arises in uniform civil code

Religion wise marriage data was also collected until 1961

Polygamy percentage was 5.7 and 5.8 for Muslim and Hindu respectively ... almost same numbers registered by 1974 govt committee on the status of women in India

Recent national family health surveys have shown that polygamy across religions declined

1.9% Muslim women said their husbands had other wives as well ... 1.3% Hindu women confirmed it for themselves

Mumbai based Indian institute of population sciences analysis revealed that polygamy is highest in tribal community .. and as income levels increase polygamy rate decreases

But politics is played on this small 1% and it is exaggerated

Modi ji has said that, how will a home function properly unless laws are not equal for all members? You can tell who Modi ji is pointing at by looking at their clothes

Uniform civil code can address gender inequality and bring gender justice

But are there other ways? No family court has gender equality ... even under special marriages act there are problems

21st law commission published a great paper on family law in 2018 ... it was a long 185 page report so let's summarize

Take a not of family law problems, a quick look:

Hindu succession law, which became more progressive after 2005 amendment, still has discrimination

Division of property takes marital status of woman into account but not of man

In some cases, suppose wife buys property with her money but then both husband wife die then that property will go to wife's in-laws ... while her parents don't get anything

On the other hand, there is no equal inheritance system in Muslim family law

Muslim inheritance law is unjust in case of grandchildren

In Hindu succession law, boy girl get equal share in property under intestate succession ... equal division of property if there is no will

But according to section 30 of the act, Hindu can assign property to their favorite individual

In Muslim law, girl gets less share than boy ... but there is a guaranteed something - 1/3 can be assigned to someone, while 2/3 is given to legal heirs

But in Muslim family law, age of consent is not codified and that needs changing

Commission also found that polygamy is unequal as it's allowed only for men - supreme court may soon make a decision on this, as was done in the case of triple talaq

In Hindu community also, there are cases of multiple wives and child marriages

We should be watchful of this ... in fact child marriage increased during pandemic time

25% underage marriages in Rajasthan

This needs time to change ... the number was 65% two three decades ago

Now as per Parsi law, if a Parsi woman marries non-Parsi man, she loses her Parsi status and their children lose maternal grandparents' inheritance as a result

Special marriage act has problems, especially that 30 day public notice ... because of which many interfaith marriages are broken during that period, there is violence and honor killing

Report also gave the following solutions

Report stated that UCC is neither necessary nor desirable at this stage

Firstly, it is very difficult to introduce a uniform code ... there are many laws in Hindu community itself

As per section 5 of Hindu marriage act, marriage within one gotra is not allowed - there should be no common ancestor for 5 generations

But those in Southern states will be surprised ... because it is common there

Same thing which will be frowned upon in Haryana will be celebrated in Andhra, for example - that too legally

... because there is exemption in the same section, that if customs permit such marriage

Hindu agricultural land inheritance laws are different in UP and Karnataka

Shia and Sunni community laws are different

Many caste based and religion based differences are there ... these examples were tip of the iceberg

I am trying to tell legal exemptions are there

... but suppose govt is adamant and wants to implement UCC before 2024 election

Then these questions follow...

Will HUF be scrapped as it causes tax loss to government? HUF has become a tax saving instrument

Will there be retrospective implementation of UCC or this will be exempted?

Some tribes are matriarchal in India - what of those tribes?

Customary laws are protected in the northeast - what about those areas?

Will UCC be applicable on Chhattisgarh adivasi or they will be exempted?

There is no solid answer ...as UCC is not clear yet

Some people point to Goa - UCC is implemented there but it's become a comedy show

Like, if wife does not conceive a child by 30 then Hindu man can remarry

This is just one issue in Goa's UCC

That is why 21st law commission report gave these guidelines...

- codify customary laws of all communities and - revamp, introduce gender just laws

Awareness related laws should be increased

Basically, the report said that United does not mean Uniformity

We should remember our diversity, and not compromise on human rights at the same time ... but here only politics is being played

What needed to be done is improving existing family laws, making them gender just - so that spirit is the same

BJP govt did not take 21st law commission report into account and 22nd law commission extended till Aug 2024

Their job is to make a report on UCC, seek views from public and religious organizations

If this is happening for polarization and votes or for gender equality, you understand well

This agenda will work until we engage with these issues superficially ... say on whatsapp forwards - and that is why we showed you how complicated UCC is

It is possible for different rules in one home ... if that home is that vast and populated by 1.4 billion

So how much politics is being played around UCC ... and if it gets implemented will you get job, will per capita income improve?

You must think reasonably about the intention

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This was a very long episode, because UCC is complicated topic

Link to Coding Invaders is given in the description ... switch to IT field from non-IT sector

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