Senior Advocate A. Sirajudeen talk about Uniform Civil Code (UCC) and the effect of its application on religious practices in an interview with Ananya Singh.
Mr. Sirajudeen enrolled as an Advocate in 1987 and was appointed as a Senior Advocate in 2016. He practices primarily in the Supreme Court of India. He is not only a judge specializing in various areas of law including corporate and taxation, but is also an author who has written 7 books on law dealing with aspects such as prisoners’ rights, independence of the judiciary and criminal investigation, etc.
In this interview, he highlights why the UCC movement is considered anti-Muslim and how the system has nothing to do with the practice of religion.
1. The Law Commission of India has taken up the subject of the Uniform Civil Code and invited input from stakeholders. What is your take on this government approach on the UCC?
There are different personal laws for citizens and in some aspects they prescribe different rules. For example, the joint family system is not recognized for Muslims. Whereas, it is recognized for Hindus. On the death of a Hindu, his father is not entitled to any share if there are other legal heirs of class 1. But Islamic law gives 1/6th share to the father immediately. The contribution of male members to the improvement of family property and care for parents is greater than that of females. Islamic law therefore grants twice the share to male members. But Hindu law gives equal share to all. Therefore, all systems of laws should be thoroughly studied and a better general secular law should be provided to the citizens, ignoring the religious aspect. This is a delicate task, especially when Indian society is deeply divided along religious lines and political parties use the ‘religious card’ to their advantage. This necessitated the government to seek the help of the Law Commission and the Law Commission to invite views and suggestions from the stakeholders to arrive at a better formula for managing the civil rights of the citizens.
2. Will the Uniform Civil Code infringe fundamental rights guaranteed by Articles 25 and 26 of the Constitution?
No. The Civil Code governs only the civil rights of the parties. Marriage, divorce, transfer of property, adoption, inheritance, donation for religious purposes and wills are purely civil in nature. Religion provides some guidance on these matters. Religion does not say that these rules should not change according to changes in society. Making a general law to govern these human behaviors has nothing to do with the practice of religion. Therefore, the question of violation of fundamental rights under Article 25 or 26 does not arise.
3. What about the criticism of the UCC, even though no one knows what it will look like? Is the criticism premature?
All are politics. The common man, regardless of his religion, is not interested in laws derived from religious texts. Those who use religion for their political purposes make noise and cry. In fact, both Islamic law and ancient Hindu law have already been largely modified. Take for example the Indian Penal Code, the Child Marriage Restraint Act and the Transfer of Property Act, all directly interfere with personal laws. We have to wait for the final recommendation of the Law Commission. It won’t happen overnight.
4. India is a country with diverse cultures and customs, do you think it is possible to achieve uniformity as envisaged by the UCC?
This is a difficult task. The Law Commission should provide flexibility to allow people to practice their culture. Peace in society is the ultimate goal of any country for its development. Therefore, we cannot expect a new law by completely rejecting the existing laws.
5. Why do you think UCC is always seen as a move against Muslims even though any community including Hindus can be affected by it?
Political parties have long given the impression that Muslims enjoy an undue advantage by being governed by Islamic law. For a long time, political parties were either for or against the continuation of Islamic law. The move for the UCC was therefore seen as anti-Muslim.
6. What areas of Muslim personal law do you think will be affected by the UCC and what are your views on alternatives to such laws?
The UCC should not affect Muslim inheritance laws as it is based on actual realities. The male plays a leading role in earning and supporting the parents. Therefore, they deserve a larger share in the remaining properties. Therefore, there is no need to intervene in this matter at this time. The divorce process should be made easier for everyone. When couples cannot be together, the law should not compel them to continue their marital status for an unreasonably long period. In all other respects common law may be attempted.
7. How do you think the UCC will help address gender inequality issues?
There can be no absolute equality in any sphere. The law should take care of the realities in the society and make rules without harassing anyone unnecessarily. In my view, granting equal rights to women in joint ownership destroyed the age-old institution of the joint family. Gender equality is necessary, but it cannot be applied blindly in all spheres.