Author: Jyoti Singh, Delhi Institute of Rural Development
To the point
Over time, we have been witnessing debates over the uniform civil code, i.e. UCC has been ongoing which promises significant legal uniformity and equality. Its implementation will bring significant changes. UCC is mentioned under Article 44 of the Indian Constitution, which defines that “the state shall endeavour to secure a UCC for all citizens”. The debate over UCC revolves around issues of secularism, religious freedom, gender justice and legal uniformity. Some believe that it will bring magnificent changes for equality and national integration; on the other hand, some argue that it could infringe on religion and cultural identities. This article focuses on highlighting the main issues and challenges that are government is facing in implementing UCC around the nation.
Use of legal jargon
Article 44 of the Indian Constitution says that “the state shall endeavour to secure for the citizen a uniform civil code throughout the territory of India,” which means bringing all religions under secular law. The very first time the country witnessed the Uniform Civil Code was during the Shah Bano case, where a Muslim woman claimed maintenance under section 125 of the Code of Criminal Procedure, i.e., CrPC, when her husband pronounced the Triple talaq to her. To this matter, the court observed and held that Muslim women have the right to claim maintenance under Section 125 CrPC, highlighting the need for Article 44 to come into action and implementing UCC to prohibit any kind of discrimination without violating any sentiments of any community. But we do have multiple numbers for challenges while implementing UCC majorly;
Religion and cultural diversity: India is the land of diverse cultures and numerous religions, which have their laws dictating marriage, divorce, inheritance, and adoption. The imposition of a uniform code may be considered an infringement of religious freedom and traditions. This issue is also causing chaos between multiple communities of society, putting a fear that their belief could be jeopardised by this move.
Political sensitivities: UCC is a crucial point of discussion that is misused by political parties for their political benefits. Political parties face challenges in finding a balance between secularism and with emotions of all religions. Our current government has added UCC to their manifesto twice, but implementing it is the problem, as every political party is trying hard to preserve their vote bank.
Resistance over religious groups: religious groups oppose the UCC for fear that it would ruin the culture religious practices and customs which are been part of their religion for ages, we have seen the Supreme Court delivering landmark judgments protecting the rights of every individual even if it prohibited in any personal law, triple talaq case is a classic example of such legal battle.
Legal complexity: The occurrence of different religious laws brings out legal complications while drafting uniform codes; it must be ensured to be fair and equitable for all the communities. While drafting secular law, this is a very critical point that should be advocated properly to ensure every individual has their rights protected.
Gender justice vs. religious autonomy: This law also aims at bringing gender equality by eliminating all the discrimination faced by men and women due to their conflicting personal laws. Many debates over this say that it may be interference with religious belief, and maintaining a balance between these two aspects is a challenge.
The proof
The need for UCC has been underlined by different judgments and benches from time to time specifically during the Shah Bano case where the Court highlighted the very need for UCC without harming religious belief and sentiments and allowed Muslim women to take maintenance under section 125 of code of criminal procedure, however, later case was set aside stating that single matter cannot judge the Requirement of UCC and personal laws should not be harmed. Even in recent times, the state of Uttarakhand has taken a magnificent step and welcomed UCC on January 27, 2025. Uttarakhand has marked history after adopting and implementing the UCC model and became the first state to do so after Goa. Whereas Goa has been following the UCC-based model of the Portuguese Civil Code of 1867. The chief minister was the first person to get his marriage registered under the UCC protocol. Chief Minister of Uttarakhand, Pushkar Singh Dhami, called this move a historic move. The Code introduced in Uttarakhand has secular laws that govern marriage, divorce, and property adoption, and bring all citizens under one law, irrespective of their religion.
Some key features of UCC in Uttarakhand.
The state has set the age for marriage for men is 21 and for women it is 18, abolishing all the practices of polygamy marriages and only supporting monopoly marriages. For every citizen, registration for marriages has also been made compulsory.
This code even ensures equal inheritance rights for the son and daughter, promoting gender equality and eliminating all the discrimination faced.
Failure to declare in a relationship and providing wrong information can lead to a penalty of 3 months and up to rupees 25000 or both.
Some provisions of Muslim marriage, like nikah, Halala, and iddat, have also been abolished by the UCC in Uttarakhand.
Abstract
UCC was proposed in India to unite the existing personal laws of different religions and govern every citizen under secular law irrespective of their religion and community. This article has underlined the current debates and news going around implementing the UCC in India, while some are focusing on the development of the country, and others are concerned about their political gains. Presently, Uttarakhand has taken the historic step by adopting the UCC model on 27 January 2025 and has set an example for other states. We have already witnessed Goa, which has been working under common family law, namely the Goa Civil Code, since its separation from British India. This Article has tried to highlight how UCC is dividing the nation into three categories. One is fighting for the political aspect, and the other two are standing for their social and religious matter.
Case Laws
1. Shah Bano Case (1985)
This landmark case involved the right of Muslim women Shah Bano who approached the court to gain maintenance from her husband under 125 of the Criminal Procedure Code (CrPc) who gave her triple talaq, the supreme court gave its judgement in her favour while raising concern over the need of UCC to ensure that there is no discrimination on basis of religion and gender.
2. Sarla Mudgal vs. Union of India (1995)
In this case, a Hindu married man converted to Islam and married another woman without getting divorced from his Hindu wife, which raised the question that he performed bigamy under the Hindu Marriage Act. This even highlighted the issue of whether a Hindu married man can convert to Islam for marriage, or how such marriages are valid. Isn’t this move a misuse of religion and law? The court in this judgement ruled out that the second marriage was deemed invalid as he could not enter into marriage without getting a divorce from a legally wedded wife.
3. Shayara Bano vs. Union of India (2017)
This case involved the issue of triple talaq and its misuse against Muslim women, where a married woman was tortured, and later her husband pronounced triple talaq for not providing dowry during marriage. She urged for justice in the court after arguing the matter and highlighting the issue that declared triple talaq unconstitutional due to its arbitrary nature. Justice Rohinton Nariman and Justice Kurian Joseph stated that triple talaq contradicts both theological principles and legal standards.
4. Shabham Hashmi case (2014)
This case involved the issue of whether the right to adopt and the right to be adopted a fundamental right under Part 3 of the Indian Constitution. The court stated that the right to adopt and the right to get adopted are not fundamental, however, anyone can adopt under the Juvenile Justice Act but not mandatory since Muslim law does not support adoption, so the court also denied intervention in any personal law and made it to choice of parents how to go for adoption, as it could also create religious conflict.
Conclusion
At last, UCC is not a new thing; it has been a part of our Indian constitution since we adopted it, and we have been discussing over it since Mohd. Ahmad Khan v. Shah Bano Begum 1985, known as the Shah Bano case, caught the attention of every citizen for being the most controversial maintenance case in India, in which the Supreme Court pronounced the judgement in favour of Shah Bano by giving her relief in maintenance under section 125 of Crpc which applies to all citizens beyond their respective religion.
The implementation of UCC in a country like India, where we have ethnically diverse groups from different religions and communities a task full of criticism, challenges and the best opportunity for our country to unite. This goal should harmonise tradition with modern legal principles and ensure justice and equality for all the citizens of the country. UCC will push the Promotion of Gender equality: well-managed uses will ensure the elimination of gender-based discrimination in different personal laws. Also, Legal uniformity and simplification: UCC will ensure a single legal framework regarding civil matters, removing the complications in the judicial process and reducing the burden on court dealings.
FAQS
1. What is UCC, and why is it necessary?
UCC aims to unite all personal law under one secular law and govern every citizen under the same, it is necessary to ensure gender equality and to prohibit any kind of religious discrimination and misuse of personal law, this step will bring the nation under one roof and will increase stability promoting harmony, equality, abolishing any kind of challenges we face in society due to personal laws.
2. What kind of challenges are we facing while implementing UCC?
There are various hurdles in the way before we bring a Uniform Civil Code into the picture, from personal belief to constitutional obligation to political motives, there are multiple challenges where everyone is protecting their interest, and we are lacking in looking for a progressive nation.
3. What role has our judiciary played so far in the implementation of UCC?
If we investigate history, we can see our courts playing a vital role and giving humongous judgments straight out of the courtroom, clearing all the hurdles coming in between in the name of the religious, social, or political aspects, multiple judgments focused on the need of gender justice, equality, rights of individuals.