Author: Nandini, a student at UILS, Panjab University
INTRODUCTION
Recently when 22nd law commission of India issued a public notice soliciting feedback on the UCC, it sparked an intense debate. Subsequently in June 2023 Prime Minister Narendra Modi, reignited the debate and emphasized the necessity of a UCC. The term “Uniform Civil Code” is explicitly referred to in Article 44 of Part IV of the Constitution of India, which states “The State shall endeavour to secure a uniform civil law for the people throughout India”. It is a legislative proposal in India intended to replace personal laws grounded in religious beliefs, customs, and traditions with a unified legal framework applicable to all individuals, irrespective of religion, caste, creed, sexual orientation, or gender. This comprehensive set of statutes would regulate personal matters for every citizen, regardless of their religious affiliations. If enacted, it would supplant existing personal laws derived from the customs and religious texts. Covering areas such as marriage, divorce, inheritance, succession, and adoption, the UCC seeks to establish a secular legal system that supersedes the religious laws regulating these aspects across different groups.
HISTORICAL CONTEXT
The Uniform Civil Code (UCC) in India traces its origins to the colonial period when the British administered separate personal laws for different religious communities, covering marriage, divorce, inheritance, and adoption. The UCC emerged during the freedom struggle, championed by leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar to harmonize diverse personal laws. Discussions in the Constituent Assembly led to Article 44’s incorporation in the Directive Principles of State Policy, mandating the state to pursue a Uniform Civil Code (UCC) for uniformity and equality among citizens. Although non-enforceable, the UCC remains contentious, balancing secularism and religious freedom while addressing India’s ongoing challenge to harmonize its diverse cultural landscape with the ideals of equality and justice.
CONSTITUTIONAL PROVISIONS
The Uniform Civil Code is integral to India’s constitutional framework, supported by various constitutional provisions that emphasize its significance and reflect the vision of the Constitution’s framers. Here are the key constitutional provisions related to UCC:
Article 44 – Directive Principles of State Policy
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
As a Directive Principle, Article 44 is not enforceable by any court, but it serves as a guideline for the state in its policy-making processes. The Directive Principles are fundamental in the governance of the country, intended to promote social and economic democracy. Article 44 specifically mandates the state to work towards a common civil code. The primary objective of this provision is to establish a common set of laws governing personal matters. Article 44 aims to promote national unity and integrity by eliminating the discrepancies in personal laws based on religious customs and traditions. The framers of the Constitution envisioned a UCC as a means to ensure equality and justice for all citizens, thereby fostering a sense of national cohesion.
Despite its constitutional mandate, the implementation of Article 44 faces significant challenges due to India’s diverse religious and cultural landscape. Critics contend that the implementation of a Uniform Civil Code (UCC) may encroach upon religious freedoms and the right to practice one’s faith. Additionally, there exists political opposition stemming from the delicate nature of personal laws and the potential impact on communal sensitivities.
Article 14- Fundamental Rights
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
This principle is crucial in the context of the Uniform Civil Code (UCC) as it aims to ensure all individuals are subject to the same laws, promoting equality and eliminating discrimination based on religion and gender. This uniformity aligns with Article 14’s mandate, reducing legal complexities and ensuring equal treatment. By addressing the patriarchal and discriminatory aspects of personal laws, a UCC would promote gender justice and uphold the principles of equality, fulfilling the constitutional promise of non-discrimination and strengthening the nation’s legal foundation.
SPECIAL MARRIAGE ACT
The Special Marriage Act, 1954, facilitates civil marriage for individuals in India and Indian nationals abroad, irrespective of religion or belief system. It allows marriages beyond specific religious personal laws, providing essential protections to religious minorities often absent in their personal legal frameworks. This Act is a crucial step toward implementing a Uniform Civil Code (UCC) by enabling couples to marry without adherence to particular customs or religious beliefs. The fundamental objective of the UCC is to establish a consistent legal framework applicable to all citizens, promoting equality and uniformity in personal laws across diverse communities. By advancing this process, the Special Marriage Act contributes to creating a more integrated legal system in India, embodying the essence of the UCC in establishing uniform laws for all citizens.
PRESENT SCENARIO
In 2018, the Law Commission of India deemed the Uniform Civil Code (UCC) unnecessary and undesirable in the current context. However, recent developments have seen renewed momentum, notably in Uttarakhand and Assam. Uttarakhand’s Legislative Assembly passed the UCC Bill on February 7, 2024, which received Presidential assent on March 13 from President Droupadi Murmu. Chief Minister Pushkar Singh Dhami emphasized that the legislation aims for societal uniformity without targeting any specific religion or community. Despite this, the bill faced criticism from opposition parties, religious minorities, and women’s rights organizations, who accused it of being politically motivated ahead of the 2024 elections. Jamiat Ulema-e-Hind opposed the bill, citing concerns over its compatibility with Sharia law. Goa already adheres to its version of a civil code inherited from Portuguese colonial rule, the Portuguese Civil Code of 1867. Additionally, Assam is gearing up to implement the UCC, with plans being finalized by the state government for its enactment.
JUDICIAL PRONOUNCEMENTS
The Shah Bano case (1985) was a pivotal judgment that influenced the discourse on the Uniform Civil Code (UCC) in India. The Supreme Court ruled in favor of Shah Bano, granting her maintenance rights despite her husband’s refusal, thereby highlighting the tension between secularism, UCC, and religious freedom. Justice R.M. Sahai emphasized that while freedom of religion is fundamental, practices that violate human rights are oppressive.
Similarly, in Sarla Mudgal v. Union of India (1995), the Supreme Court examined the case of a Hindu man converting to Islam to marry a second wife, raising questions about the validity of personal laws. The Court strongly supported the UCC, stating that with over 80% of citizens under codified personal law, there is no justification for delaying the introduction of a uniform civil code. These cases underscore the necessity for uniform legal standards applicable to all citizens in India.
CONCLUSION
In conclusion, the pursuit of a Uniform Civil Code (UCC) in India is essential for achieving equality and justice for all citizens. Recent developments in states like Uttarakhand and Assam demonstrate a growing demand for a unified legal framework. The UCC aims to harmonize personal laws, promote gender justice, and strengthen secularism. Implementing the UCC is crucial for fostering national unity and ensuring equal treatment of all individuals under the law, regardless of religious affiliations.
FAQs
What is the Uniform Civil Code (UCC)?
The UCC is a legislative proposal in India aimed at replacing personal laws grounded in religious beliefs, customs, and traditions with a unified legal framework applicable to all individuals, regardless of religion, caste, creed, sexual orientation, or gender.
What is the significance of Article 44 in the Context of UCC ?
Article 44 of the Indian Constitution states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” As a Directive Principle of State Policy, it guides the state to create laws for a common civil code to promote uniformity and equality among citizens.
What is the relation of Article 14 to the UCC?
Article 14 ensures equality before the law and equal protection of the laws for all individuals in India. The UCC aligns with this principle by promoting legal uniformity and eliminating discrimination based on religion and gender.
What are some significant judicialpronouncements related to the UCC?
Shah Bano Case (1985): The Supreme Court ruled in favor of Shah Bano, granting her maintenance rights and highlighting the need for uniform legal standards.
Sarla Mudgal v. Union of India (1995): The Supreme Court emphasized the necessity of a UCC for uniform personal laws.
What are the Primary Objectives of Implementing the UCC?
Harmonizing personal laws to promote national unity.
Ensuring equality and justice for all citizens.
Promoting gender justice by addressing discriminatory aspects of personal laws.
Strengthening secularism through a secular legal framework.
What are the Criticisms Against the Implementation of the UCC?
Criticisms of the UCC include concerns about encroaching on religious freedoms, potential political motives, and the impact on communal sensitivities. Religious minority and women’s rights organizations argue that the UCC might undermine specific religious practices and rights. These criticisms highlight the complexity and sensitivity involved in implementing a UCC in a diverse country like India.
REFERENCES
https://www.tscld.com/uniform-civil-code-a-critical-analysis
https://idronline.org/article/rights/the-uniform-civil-code-can-exacerbate-inequalitiesinindia/?gad_source=1&gclid=CjwKCAjw4ri0BhAvEiwA8oo6F74M2qCPiznn-PGzOxZog9Sl9NBoW3Cv6R2223xgiLjA-HYkl-uiwhoC2MUQAvD_BwE
https://www.loc.gov/item/global-legal-monitor/2024-03-21/india-legislative-assembly-of-uttarakhand-enacts-uniform-civil-code/
Journal of Law & Public Policy Vol-4 (2017) Uniform Civil Code – https://ceerapub.nls.ac.in/journal-of-law-public-policy-vol-4/
https://www.nextias.com/blog/uniform-civil-code-ucc/#Constitutional_Provisions
https://www.constitutionofindia.net/articles/article-44-uniform-civil-code-for-the-citizens/
