16 September 2026 Editorial Discussion - UPSC Indian Society
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16 September 2026 Editorial Discussion - UPSC Indian Society
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Multipolarity, Uniform Civil Code, and Changing Divorce Trends in Indian Society
Multipolarity and Global Power Structures
Multipolarity refers to the existence of multiple power centers in the world, as opposed to bipolarity where only two major powers dominate. The idea of a multipolar world is often discussed in the context of international relations, especially with reference to India's aspirations. However, the current global reality is shifting towards a structure dominated by a few major powers, primarily the US and China, with Russia holding some strategic advantages.
- Multipolarity: Multiple global power centers (e.g., US, China, Russia).
- Bipolarity:…
Multipolarity, Uniform Civil Code, and Changing Divorce Trends in Indian Society
Multipolarity and Global Power Structures
Multipolarity refers to the existence of multiple power centers in the world, as opposed to bipolarity where only two major powers dominate. The idea of a multipolar world is often discussed in the context of international relations, especially with reference to India's aspirations. However, the current global reality is shifting towards a structure dominated by a few major powers, primarily the US and China, with Russia holding some strategic advantages.
- Multipolarity: Multiple global power centers (e.g., US, China, Russia).
- Bipolarity: Two dominant powers (e.g., US and China).
- Current Reality: Despite forums like BRICS and G20, real power is concentrated in a few states, with economic factors driving geopolitics.
- BRICS Data: In 2006, China’s GDP share in BRICS was less than 50%; with 11 members now, China holds about 60% of BRICS GDP.
- G7 Data: US share in G7 GDP was 40% thirty years ago; now it is 60%.
- US Advantages: Leads in AI, capital, and energy.
- Strategic Dynamics: If the US and Russia resolve the Ukraine issue, the world could shift from a G2 (US-China) to a G3 (US-China-Russia) order.
- India’s Position: India aspires for multipolarity but must accept the emerging G2/G3 reality and adjust foreign policy accordingly.
Limitations of International Groupings
International groupings like BRICS, G7, and G20 are often seen as platforms for global governance, but their actual influence is limited by the dominance of great power politics. These forums serve as meeting grounds rather than decision-making bodies.
- BRICS/G20: Do not govern the world; real decisions are made by major powers.
- G20 Example: Recent G20 finance ministers’ meeting failed to produce a joint statement due to US-China disagreements.
- Institutional Impact: Disputes between major powers paralyze institutions like G20 and the UN.
- Implication for India: India must recognize the limits of these bodies and seek new alignments based on practical realities.
The Thucydides Trap and US-China Relations
The Thucydides Trap describes the heightened risk of conflict when a rising power challenges an established one. The US and China are deeply interdependent, making outright conflict less likely but increasing the need for tension management.
- Thucydides Trap: When an emerging power (China) challenges an established power (US), the risk of war increases.
- US-China Interdependence: Both economies are so linked that harm to one affects the other.
- Tension Management: High-level meetings are used to prevent escalation into open conflict.
Uniform Civil Code: Concept and Constitutional Basis
The Uniform Civil Code (UCC) aims to establish a common set of civil laws for all citizens, irrespective of religion, covering marriage, divorce, adoption, and inheritance. Currently, India has a plural legal system where criminal laws are uniform but civil laws vary by religion.
- Uniform Criminal Code: Applies equally to all, regardless of religion.
- Plural Legal System: Civil laws (marriage, divorce, property) differ by religion.
- UCC Objective: Common civil framework for all citizens, ensuring equal treatment in civil matters.
- Intestacy: Refers to dying without a will; UCC would standardize property division in such cases.
- Article 44 (DPSP): Directs the state to strive for a UCC for all citizens; non-justiciable but morally binding.
Legislative Pathways and State Initiatives
UCC can be legislated by both Parliament and state legislatures, as marriage, divorce, adoption, and succession fall under the Concurrent List (Entry 5, Seventh Schedule). Recent moves have seen states taking the lead in implementing UCC.
- State Power: States can enact UCC due to concurrent legislative competence.
- Recent Developments:
- Uttarakhand implemented UCC in January 2025, banning polygamy and making registration of live-in relationships compulsory.
- Gujarat passed UCC in March 2026.
- Assam (May 2026) and Madhya Pradesh (July 2026) followed.
- Scheduled Tribes Exemption: All these states have excluded Scheduled Tribes from UCC, respecting constitutional protections for tribal customs.
Law Commission and Supreme Court Perspectives
The Law Commission and Supreme Court have played significant roles in shaping the debate on UCC. Their reports and judgments highlight the complexities and recommend a balanced approach.
- 21st Law Commission (2018): UCC is neither necessary nor desirable at this stage; first, address discrimination within personal laws.
- 22nd Law Commission (2023): Reopened debate, sought fresh views from public and religious groups, citing societal changes since 2018.
- Supreme Court (Shah Bano Case, 1985): Upheld maintenance rights for a divorced Muslim woman, reminded government of Article 44, and emphasized balancing personal laws with fundamental rights.
Rationale for Uniform Civil Code
The push for UCC is grounded in the need for gender justice, constitutional equality, legal clarity, social reform, and national integration. Several examples and arguments support these objectives.
- Gender Justice: Many personal laws discriminate against women, especially in property rights. UCC would ensure equal rights (e.g., Uttarakhand UCC gives sons and daughters equal property rights).
- Constitutional Equality: Article 14 guarantees equality before law; different civil rights based on religion undermine this principle.
- Legal Uniformity: Multiple family laws create confusion; a common law would simplify and clarify the system.
- Social Reform: Society is changing (more working women, rise in live-in relationships); outdated laws cannot address new realities.
- Common Citizenship: Uniform laws promote national integration by removing religious boundaries in civil matters.
Challenges and Controversies Surrounding UCC
Implementing UCC faces significant challenges, including constitutional conflicts, cultural diversity, tribal protections, federalism, and the debate between uniformity and pluralism.
- Article 25 vs. Article 44: Article 25 guarantees freedom of religion; minorities fear UCC may impose majority norms.
- Cultural Diversity: India’s vast diversity makes it difficult to fit all customs into a single law.
- Tribal Protections: Constitution safeguards tribal customs; states have so far excluded tribes from UCC to avoid unrest.
- Federalism: Concurrent List allows both center and states to legislate, potentially leading to conflicting laws.
- Uniformity vs. Pluralism: Debate over whether complete uniformity is desirable, given India’s tradition of “unity in diversity.”
Way Forward for UCC Implementation
A consultative and gradual approach is recommended for UCC implementation. Reforms should prioritize removing discriminatory practices and harmonizing laws over time, with broad stakeholder engagement.
- Consultative Approach: Engage civil society, religious groups, and tribal communities.
- Rights-Based Reform: Address discriminatory practices first, then move towards harmonization.
- Gradual Implementation: Avoid abrupt changes; proceed step-by-step towards a common code.
Changing Trends in Divorce in Indian Society
Divorce rates in India are rising, especially in urban areas, reflecting changing social attitudes and the empowerment of women. The stigma around divorce is diminishing, and more women are initiating divorce proceedings.
- Traditional View: Marriage seen as sacred; divorce carried heavy stigma, especially for women.
- Changing Attitudes: Families increasingly support daughters returning home after divorce, signaling acceptance.
- International Comparison: In countries like Mauritania and parts of North Africa, divorced women are welcomed back with celebration.
- Economic Dependence: Indian women face greater post-divorce stress due to lower workforce participation and lack of economic independence.
- Double Jeopardy: Working women often bear the dual burden of professional and domestic responsibilities.
Factors Influencing Divorce Rates
Several factors influence the likelihood of divorce, including childlessness, education levels, economic status, and urbanization. Research and examples highlight these trends.
- Childlessness: Couples without children have higher divorce rates (2016 research study).
- Education: Lower education levels in husbands correlate with higher divorce rates; educated husbands tend to share domestic responsibilities.
- Economic Status: Divorce is less common among the wealthy, who have resources to manage marital discord; among the poor, lack of space and resources can make separation the only option.
- Urbanization: Urban and metro areas have seen a 50-60% increase in divorce rates, with 53% of cases filed by those aged 25-34.
- Women Initiators: 60-65% of divorces are initiated by women.
- Elderly Divorces: Increasing trend of elderly couples divorcing after decades of marriage to pursue personal interests.
Comparative Divorce Statistics
Divorce rates in India remain among the lowest globally, but are rising. International data provides context for these trends.
- India: Divorce rate is about 1%, though increasing.
- Vietnam: 7%
- Portugal: 94%
- Europe (Luxembourg, Finland, Belgium, France, Sweden): Over 50%
- UN Data: In the US, divorce rate doubled from 2.2 per 1000 (1960) to 5 per 1000 (1980); UK, Norway, South Korea saw a threefold increase.
- Urban India: 50-60% rise in divorce rates in metros; majority of cases initiated by women.
Social Implications and Family Integrity
The strength of a nation is linked to the integrity of its families. Stable families foster good values and responsible citizens, while family breakdown can lead to social instability and crime.
- Family as Foundation: Individual → Family → Society → Nation; weakness in any link weakens the nation.
- Role Modeling: Children learn teamwork and values from parents; family stability leads to better upbringing.
- Campaigns: Developed countries run campaigns like “Strong Families, Sustainable Societies” to promote family integrity.
- Public Life: In some countries, politicians showcase family unity as a sign of stability; in India, personal and public lives are kept separate.
- Balanced Approach: Protecting two-parent families is important, but not at the cost of women’s rights; women should not be forced to suffer in silence for the sake of family stability.
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