Uniform Civil Code in India

The Law Commission of India recently reignited the “Uniform Civil Code” discussion. It has actively sought the opinions and suggestions of many religious organizations & the public regarding the Uniform Civil Code (UCC). This step came after a relatively short gap of five years when the Commission previously concluded that the UCC was not necessary or desirable.

The current move rekindles the ongoing debate on one of India's most contentious issues, both ideologically and politically. While implementing the UCC gradually aligns with the essence of Article 44, it is also crucial that the Commission considers every other aspect as it embarks on this fresh endeavour.

Let’s understand the concept of the Uniform Civil Code, its benefits, drawbacks, and why it is in the news, along with many other details in this article. 

What is UCC?

The Uniform Civil Code (UCC) is a set of laws that would apply to all citizens irrespective of their religion in matters including marriage, divorce, inheritance, and adoption. The British first mooted the idea of a Uniform Civil Code in the 19th century. However, it was not until the 1950s that the Indian government seriously considered the proposal. In 1954, the Law Commission of India was asked to examine the issue and make recommendations.

• The Law Commission's report, published in 1955, recommended that a uniform civil code be enacted for all citizens of India. Uniform Civil Code is defined in the Constitution of India under Article 44 of the Directive Principles of the State Policy.
• According to Article 44 of the Constitution, the government must make every effort to provide UCCs for its residents across the entire country of India.
• The UCC aims to protect the vulnerable section of society, including women and religious minorities, while promoting nationalistic fervour through unity. If the code is enacted, it will simplify the laws currently segregated based on religious beliefs.
• The latest on the UCC is that the Uttarakhand state government has proposed a draft of a Uniform Civil Code. The draft has been met with mixed reactions. Some people have welcomed it, while others have opposed it.
• It is not clear whether the draft will be implemented. What are your thoughts on the proposed draft of the UCC in Uttarakhand? Tell us in the comments below.

Pros of Uniform Civil Code 

1. To provide gender equality

2. To provide equal status to all the citizens

3. To support the national integration

4. To bypass the contentious issue of reform of existing personal laws

5. To accommodate the aspirations of the young population.

Cons of Uniform Civil Code

1. Sensitive and tough task

2. Practical difficulties due to diversity in India

3. Interference of state in personal matters

4. Time is not yet suitable for this reform.

5. Perception of UCC as an encroachment on religious freedom

Various personal laws vs single codified law?

When it comes to India, it is always believed that India is a unique country that respects all religions. At the same time, the demand for the application of UCC, i.e., the Uniform Civil Code, is increasing. Founding Father of our Indian Constitution:

• Dr B R Ambedkar favoured the UCC in various Parliamentary debates as it aims to treat every section of society equally.
• UCC has always been a debatable topic that has yet to be settled. Some people are unaware of the concept and its benefits, while others are busy criticising it.
• While the UCC aims to establish a uniform set of laws applicable to all citizens regardless of their religious affiliation, there are differing perspectives among minority groups.
• Some minority communities have expressed concerns about the potential encroachment on their religious practices and traditions.
• They argue that personal laws offer a sense of identity and reflect the diversity of India's cultural fabric.

 However, it is essential to note that there are minority voices within these communities who support the UCC. The Bharatiya Muslim Mahila Andolan (BMMA), for example, has advocated for gender justice and reforms within personal laws, including a ban on practices like polygamy.

Landmark Case Laws

Discrimination occurs on two levels due to different personal laws: first, it occurs between people of different religions, and second, between genders. The Uniform Civil Code will give vulnerable sections such as women, regardless of their religious beliefs, the right to equality and fairness in legal proceedings involving marriage, divorce, maintenance, child custody, inheritance rights, adoption, etc.

1. In the Mohammad Ahmed Khan v. Shah Bano Begum (1985) case, also known as the Shah Bano case, which is famously known as the Shah Bano case, the Supreme Court for the first time ordered the Parliament to create a UCC in the year 1985. Shah Bano sought support from her husband, in this case, pursuant to Section 125 of the Code of Criminal Procedure after receiving triple talaq from him.

The Muslim Women (Right to Protection on Divorce) Act, 1986, which limited a Muslim woman's right to maintenance under Section 125 of the Code of Criminal Procedure, overruled the Shah Bano case ruling.

2. In the Shayara Bano case (2017), the Supreme Court ruled that Triple Talaq (talaq-e-bidat) was unconstitutional.

The case of  Sarla Mudgal vs Union of India emerged as a turning point for the UCC. In this case, the Supreme Court addressed the issue of bigamy in the context of a Hindu man converting to Islam to marry a second time. The court highlighted the need for a UCC to address conflicts arising from personal laws.

Uniform Civil Code in Goa

Goa is the only state in India that has successfully implemented the Uniform Civil Code. This was introduced in 1879 as Goa family law by the Portuguese, but after the liberation of Goa, this law was retained, and later, it came to be known as the Special Marriage Act. This provides a civil marriage of two people of the opposite sex, irrespective of their religion. This is still followed in Goa as it punishes polygamy; that is, one cannot have more than one spouse at a given time. This Act also states that during divorce, the husband and wife will be treated equally in respect of the property.

How has the Supreme Court handled the issue regarding UCC?

From its judgment in the Shah Bano case in 1985, the supreme court has dealt with the issue of UCC in several of its judgment. In most of them, the court favoured the common law for citizens and reminded the Parliament of the spirit of Article 44.

• In the Shah Bano case, the court said it was a matter of regret that Article 44 had remained a dead letter- “No community is likely to bell the cat by making gratuitous concessions on this issue. It is for the State, which is charged with securing a uniform civil code, and it has legislative competence to do so.”
• But the court’s order in the Ahmedabad Women Action Group case (1997) and Lily Thomas case (2000) clarified that there was no direction issued to the government to enact the code.

In 2015 the court revived the debate over the subject of common law once again when it asked the Central Government if it was willing to bring UCC since there was total confusion over the stipulations about marriage, divorce, inheritance, and adoption among various religions.

Right to Religion vs. Gender Equality in India

The debate surrounding the UCC often revolves around the clash between the right to religion and the pursuit of gender equality. Opponents argue that a UCC could infringe upon the freedom of individuals to practice their religious beliefs, as personal laws have historically governed matters such as marriage, divorce, and inheritance.

• Proponents of the UCC, on the other hand, assert that gender equality should not be compromised in the name of religious freedom. They argue that a uniform set of laws will ensure equal rights for women, regardless of their religious background.
• Practices like Nikah Halala, where a woman is required to marry and divorce another man before remarrying her former husband, and child marriage have also come under scrutiny.
• Balancing these conflicting perspectives is a complex task for India, as it strives to uphold individual freedoms and equality principles.
• Finding a middle ground that respects religious diversity while safeguarding the rights of all citizens remains a challenge in the ongoing discussions on the UCC.

Feel free to share your thoughts on minority perspectives and the balancing act between the right to religion and gender equality in the comments below! Also, do tell us,  Is UCC necessary for achieving gender equality in India?

Conclusion

In conclusion, the Uniform Civil Code (UCC) remains a highly debated and complex topic in India. The recent initiative by the Law Commission to seek public opinions and suggestions has reignited the discussion on this much-debated issue. While proponents argue that implementing a UCC would ensure gender equality, simplify laws, and promote national integration, opponents express concerns about religious freedom and the practical difficulties of implementing a uniform code in a diverse country like India.

Striking a balance between personal laws and a single codified law while upholding principles of gender equality and religious freedom poses a complex challenge. The future of the UCC in India remains uncertain and requires further constructive dialogue and deliberation. Do share your opinions on the conflicts between personal laws and the need for uniformity in India's legal system.

Frequently Asked Questions (FAQs)

1. What is the Uniform Civil Code (UCC)?

A. The Uniform Civil Code is a set of laws that would apply to all citizens regardless of their religion in matters such as marriage, divorce, inheritance, and adoption.

2. Why is the UCC in the news?

A. The Law Commission of India has recently sought public opinions and suggestions on the UCC, reigniting the debate on this contentious issue.

3. What are the pros of the Uniform Civil Code?

A. The pros of the UCC include providing gender equality, and equal status to all citizens, supporting national integration, bypassing the contentious issue of reforming existing personal laws, and accommodating the aspirations of the young population.

4. What are the cons of the Uniform Civil Code?

A. The cons of the UCC include the sensitive and tough task of implementation due to the diversity in India, the potential interference of the state in personal matters, and the perception of encroachment on religious freedom.

5. Is the UCC necessary for achieving gender equality in India?

A. Opinions on this matter differ. Some believe that a UCC is necessary to ensure gender equality, while others argue that gender equality can be achieved through reforms within personal laws.

6. Has any state in India implemented the Uniform Civil Code?

A. Goa is the only state in India that has successfully implemented the Uniform Civil Code. It follows the Special Marriage Act, which provides for civil marriages irrespective of religion and prohibits polygamy. Uttarakhand has recently proposed a draft of UCC, but it has yet to be implemented.