Secular, religious, non-religious: How Constituent Assembly debated UCC, Pg18

Key Highlights:

• Article 44 of the Indian Constitution, part of the Directive Principles of State Policy, mandates the State to strive for a Uniform Civil Code (UCC).
• The Constituent Assembly debated the UCC on November 23, 1948, discussing what was then Draft Article 35.
• Arguments against the UCC centered on protecting personal laws, religious freedom under Draft Article 19 (now Article 25), and the secular nature of the state.
• Proponents like K.M. Munshi and B.R. Ambedkar argued for the UCC to unify personal laws, promote secularism, and uplift women's status.
• The UCC was ultimately placed under Directive Principles, making it a guiding principle for the state but not enforceable by courts.

Detailed Insights:

• Opponents, primarily from the Muslim League, viewed the UCC as a "tyrannous" interference with religious practices and personal laws, which they believed were guaranteed even under British rule.
• Naziruddin Ahmad argued that interfering with personal laws would clash with the freedom of conscience and the right to practice religion, as enshrined in Draft Article 19.
• Mahboob Ali Baig contended that "Civil Code" should not cover strictly personal laws, especially for Muslims whose laws of succession, inheritance, marriage, and divorce are religion-dependent.
• Syed Hussain Imam suggested that a secular state is non-religious, not anti-religious, and that UCC implementation should await mass education and improved economic conditions.
• K.M. Munshi countered the "tyranny of majority" argument, noting that advanced Muslim countries had enacted civil codes without recognizing every minority's personal law as sacrosanct.
• Munshi clarified that if a religious practice covered a secular activity or fell under social reform, Parliament could legislate on it without infringing fundamental rights.
• He emphasized the need to "divorce religion from personal law" to unify the country's way of life and promote secularism.
• B.R. Ambedkar highlighted that India already had a uniform criminal code and that the UCC aimed to extend uniformity to the "little corner" of marriage and succession in civil law.

Key Concepts Involved:

• Uniform Civil Code (UCC): A proposed common set of laws governing personal matters like marriage, divorce, inheritance, and adoption for all citizens, irrespective of religion.
• Directive Principles of State Policy: Guidelines in Part IV of the Indian Constitution that are fundamental in the governance of the country but are not enforceable by any court.
• Personal Laws: Laws that apply to a particular religious community, governing aspects like marriage, divorce, maintenance, inheritance, adoption, and guardianship.
• Secularism: The principle of separation of the state from religious institutions, ensuring that the state remains neutral in matters of religion.