This post has been self-published on Youth Ki Awaaz by Lekha Vijaya. Just like them, anyone can publish on Youth Ki Awaaz.

As I See It, The Uniform Civil Code Does Not Impose The Law Of Majorities On Minorities

More from Lekha Vijaya

By Lekha Vijaya:

The question of rolling out a Uniform Civil Code (UCC) in India has been haunting us ever since independence. We have been sitting on Article 44, a directive principle of state policy for more than five decades. Still, no affirmative step has been taken for its implementation. It is not going to be an easy task, and that is why none of the post-independent Governments of India made any try. To reach a consensus here is no small job, but it is worth taking a risk. Because the result is going to bind us all together under a single rule of law. Union Law minister Sadananda Gowda’s comment on the same has now brought the debate of UCC back into the arena.

Symbol of law and justice in the empty courtroom, law and justice concept.
Image source: WordPress

Unlike a unique criminal code for the whole of India, in civil matters we follow the personal laws based on religion. In matters like marriage, divorce, inheritance, etc., people follow their personal laws. Personal laws can still be upheld, but for introducing a uniform legality throughout the nation regarding the personal affairs of its citizens, in my opinion UCC is a must. Our Constitution itself ensures, through the six fundamental rights that all citizens in India should be treated equally irrespective of their caste, religion, sex or place of birth. The various laws enacted by the Parliament are in accordance with these provisions. Implementing a UCC is something similar too.

In civil issues if one approaches the courts, the decision is always taken in favour of his/her fundamental rights, not according to religious laws. The Shah Bano case (1985) is an example of this. In its ruling, the Supreme Court upheld the right to maintenance for Shah Bano from her husband after divorce, contrary to what was given in the Muslim Personal law. The Supreme Court has always reminded the Government about bringing a UCC now and then, while making judgements in such civil issues.

The Special Marriage Act of 1954 is an example of how a UCC on marriage can be. As per the act, any two people can get married irrespective of their religion under a common law in India. For succession too, we have an Indian Succession Act that cuts across religious lines. By carefully deliberating the clauses in such acts by consulting with the stakeholders, we could have extended it to all citizens, replacing the existing personal laws. After all, the main objective of the UCC is to bring a law where all citizens irrespective of their caste or gender or religion are treated equally. It also aims to eliminate certain evil practices that exist in personal laws. We have already abolished Sati. Like that, polygamy and child marriages too need to be done away with. For this, we need a more stringent Uniform civil code.

The Congress Government has all through these years not taken a firm stand in issuing a uniform civil code, clearly a political prank to appease various religious communities. Not just the Congress, but most of the political parties uphold a pseudo-secular view when it comes to the UCC. Bringing a UCC was one of the agendas of the BJP regime. Their proximity to the Hinduvta groups and rising communal tension in the country can raise a possible suspicion among the minorities regarding their support for the UCC. So the Government needs to consider the concerns and apprehensions of different religious groups in this matter.

Imposition of the law of majority over the minority is not what a UCC is targeting. All religious communities, especially the minorities who fear a possible intervention in their religious matters should be taken into confidence first. Buddhist, Jain and Sikh are already under the Hindu Civil code even though their religious perspectives are quite different. Like that, we can bring a Uniform Civil Code which will bind the 120 million people of India together.

You must be to comment.
  1. Bhargav Ram

    A very well written article highlighting the need for a Uniform civil code in the world’s largest democracy. However, there seems to be a slight factual error, the population of India is not 120 million. It is 1200 million or 1.2 billion.

  2. Titus

    Polygamy, both polygyny and polyandry, when consensual, should not be seen as an evil. People have the right to live their lives the way they choose to. Popular morals or majoritarian morals should not be the norm or imposed on everyone. When we talk about taking minorities on board, I hope it also means taking the opinions and concerns of minorities in terms of sexuality on board.

More from Lekha Vijaya

Similar Posts

By Ritwik Trivedi

By Ronak Aazad

By Basanta Nirola

Wondering what to write about?

Here are some topics to get you started

Share your details to download the report.









We promise not to spam or send irrelevant information.

Share your details to download the report.









We promise not to spam or send irrelevant information.

An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

Share your details to download the report.









We promise not to spam or send irrelevant information.

A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform Change.org, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on Change.org has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in Change.org’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

Sign up for the Youth Ki Awaaz Prime Ministerial Brief below