Navigating the Controversy: Examining the Conflict between Uniform Civil Code and Personal Laws
-By Tanishka Jain
Student of Prestige Institute of Management and Research, department of Law
India is a country of diverged religion and culture due to which it is seen that every religion has their own laws and rules to govern personal matters. These issues include succession planning, adoption, divorce, maintenance, and marriage, among others. Not only does religion greatly impact Indian society and culture, but it also has a significant impact on Indian politics. India is mostly a Hindu country; the Ayodhya Janam Bhumi Dispute case serves as an example for various communities, including Muslims, Christians, Jews, Jainism, and Buddhism in terms of political influence. There are laws for Muslims called the Sharia Act of 1937 and for Hindus there are the Hindu Marriage Act of 1954, the Hindu Maintenance and Adoption Act of 1956, and the Hindu Succession Act of 956.
This Article provide in depth analysis over the conflict between the Uniform Civil Code and the Indian Personal laws which includes the challenges and some solutions.
This Article includes the historical background, controversies and clashes, challenges, Judicial Intervention and in the end some solutions.
Therefore before starting with the controversy between the UCC and the personal laws.
The first question arises is what is UCC and what is the need to implement the UCC in the country? Is there any benefit to implement to it?
A Uniform civil code that applies universally to all members of society, regardless of their religion, would mean that all groups would be treated equally under it. A proposed law called the UCC aims to establish a common law for all Indian residents by replacing the various religions’ current personal codes.
Define under Article 44
Article 44, which states that the State shall make efforts to give its inhabitants a uniform civil code (UCC) throughout the territory of India, is consistent with the Directive Principles of State Policy. (Constitution of India, 1950)
Importance of Uniform Civil Code
In the diverse tapestry of a nation, the interplay between Uniform Civil Code (UCC) and personal laws has been a subject of persistent debate. This discourse revolves around the delicate balance between individual freedoms and the quest for a unified legal framework. While UCC aims at providing a common set of laws applicable to all citizens irrespective of their religion, personal laws, deeply rooted in cultural and religious traditions, often clash with this concept.
Historical Context
The debate over the implementation UCC can be traced back to the colonial era. There were two times when we see the presence of UCC. The first was The Lex Loci Report, (British Government, 1840) which was published in October 1840. It emphasized the value of consistency in the codification of Indian law, particularly with regard to crimes, evidence, and contracts. However, it also suggested that such codification should not apply to the personal laws of Muslims and Hindus. The Queen’s 1859 Proclamation, which guaranteed complete non-interference in issues of religion, was the other.
When we discuss the post-colonial period, or the years after India’s independence, prominent figures like Jawaharlal Nehru and Dr. B.R. Ambedkar fought for a standard civil code during the constitution’s formulation. However, resistance from religious conservatives and a general lack of awareness at the time led them to incorporate the UCC in the Directive Principles of State Policy (DPSP, Article 44).
The origins of personal laws in India can be traced back to a time when communities governed themselves based on religious principles. However, with the enactment of the Hindu Code Bills in the 1950s, a significant step was taken towards codifying laws for Hindus, laying the groundwork for future discussions on a UCC.
Judicial Interventions
It is seen that the Judiciary also plays very important role when it comes to the Uniform civil code. From time to time The Supreme Court from cases to cases define the importance and implementation of UCC in India.
The very first time in the Sarla Mudgal case, four petitions were filled and the question raise on the validity of the marriage if any of the spouse convert his/her religion. The court said that the marriage was valid according to Hindu marriage Act, 1954. And it cannot be dissolved if the decree of divorce is not passed on the grounds given under this Act
In this case, the court first time requested the Government of India to take a fresh look on the Article 44 of the constitution and through the Secretary to Ministry of Law and Justice directed the government to file an affidavit which indicates the steps and efforts taken by the government. However the courts clarified that these descriptions are not binding but act as obiter dicta.
After a long time again in the case of John Vallamatton v. Union of India, the Supreme Court expressed regret for non-enactment of the UCC. The court said that it is a matter of regret that Article 44 has not been taken effect till now. Further the court added that Uniform Civil Code enhance the cause of national integration by removing the contravention based on the ideology of the different religions and cultures.
The First step towards the Uniform Civil Code (Supreme Court)
In the case Seema v. Ashwani kumar, for the first time the Supreme Court make it mandatory to register the marriage of the parties beyond their religion or personal laws under Compulsory Registration of Marriage Act, 2009. (Ministry of Law & Justice, 2011)
Controversies and Clashes
One of the primary areas of contention lies in family matters, including marriage, divorce, and inheritance. Personal laws, influenced by religious doctrines, may differ significantly from one community to another, leading to disparities in legal rights and responsibilities. Critics argue that this diversity undermines the principle of equality before the law and leads to the injustice and discrimination.
Challenges to Uniform Civil Code:
Implementing a Uniform Civil Code poses several challenges, both legal and societal. Resistance from various religious and cultural groups stems from concerns about the potential erosion of their unique identity and traditions. Striking a balance between safeguarding individual rights and respecting cultural diversity remains a formidable task.
Conflicts of UCC with Hindu personal laws
In India, there has been discussion and disagreement about the UCC. While some contend that it is essential to advance social justice and gender equality, others fear that it may infringe upon the constitutional rights of religious freedom and cultural diversity. (Constituiton Of India , 1950)There have been a number of cases under Hindu law that demonstrate the inconsistencies between Hindu personal laws and the UCC. The subject of inheritance presents one of the biggest areas of disagreement between Hindu law and the UCC. Prior to the 2005 revisions to Hindu law, the daughter had no right of succession; however, after those amendments, the daughter was granted some rights, which not include the equal right to inherent property. However, in the 2016 case of Prakash v. Phulavati, the Indian Supreme Court daughters have also equal rights to inherit ancestral property and it does not matter whether their father died before or after the inheritance. Other controversial area includes the marriage and the divorce.
Conflicts of UCC with Muslim personal laws
The Uniform Civil Code (UCC) in India aims to replace various personal laws with a common set applicable to all citizens, but faces opposition, particularly from Muslims, who see it as a threat to their religious and cultural identity. Conflict arises primarily in family law, where Sharia governs marriage, divorce, and inheritance. Triple Talaq, allowing husbands to instantly divorce wives, was banned by the Indian government, but some Muslims argue this infringes on religious freedom. Similarly, polygamy, permitted under Muslim law, clashes with UCC’s aim to prohibit it.
Supreme Court rulings, such as in Shah Bano and Danial Latifi cases, granting maintenance to divorced Muslim women under secular laws, were met with protests and led to legislative acts reinstating Muslim personal law. These conflicts highlight the tension between secular legal reforms and religious freedoms in India’s diverse society.
Comparison of UCC in India with other countries
A comparative analysis of these systems can offer important insights into the application and effects of UCC in India. Several nations have implemented UCC to differing degrees.
France is the first countries which implement a Uniform Civil Code in 1804. (The French Civil Code (1804), 1804) The name of French Civil Code is Napoleonic Code which is a comprehensive set of civil laws that includes various aspects of civil life, such as property, family, and inheritance. The code is based on the equality and justice.
Religious communities do, however, have considerable discretion over their private matters, such as marriage and divorce, so long as they don’t transgress public order laws. Furthermore, only Tunisia was an Arab nation to adopt a UCC in 1956. (Tunisia – Campaign for Justice in Muslim Family Laws, n.d.) The code incorporates contemporary ideas of human rights and gender equality in addition to its foundation in Islamic law. Although the code has been praised as a template for other Arab nations to adopt, conservative Islamic organizations have criticized it, arguing that it violates Islamic law. .
However, the developed countries such as the United States and Canada do not have a Uniform Civil Code. They follow the concept of common law.
As a result, the comparative analysis of UCC in various nations shows that the social, cultural, and political background of a given nation can have a significant impact on the adoption and effects of UCC. While UCC has been effectively implemented in certain nations, religious and cultural organizations have criticized and opposed UCC in others. Consequently, any attempt to apply UCC in India must consider the distinctive cultural and religious diversity of the nation and guarantee that the rights of minorities are respected while upholding the values of justice and equality.
Prospects and Solutions
Advocates for a Uniform Civil Code argue that it could foster a more inclusive and equitable legal system. They contend that a common set of laws would promote gender justice, ensuring equal rights for women across all communities. Additionally, proponents argue that it would streamline legal processes, reducing complexity and ambiguity.
On the other hand, a practical strategy would address issues brought up by various populations. It is important to take the initiative to start positive conversations while taking into account the subtle differences in religion and culture. An inclusive, incremental approach and sensitivity to community opinions could lead to a more successful and widely accepted Uniform Civil Code adoption.
Conclusion
The conflict between Uniform Civil Code and personal laws reflects the intricate tapestry of India’s cultural and legal landscape. Striking a balance between individual rights and preserving cultural diversity remains a complex challenge. Navigating this controversy requires a nuanced understanding of the various perspectives and a commitment to fostering unity without compromising the rich diversity that defines the nation.
References
British Government. (1840). Introducing Uniform Civil Code in India – ijrpr. Retrieved from ijrpr.com: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiRg63gt5aEAxWp2TgGHYcGACw4ChAWegQIBxAB&url=https%3A%2F%2Fijrpr.com%2Fuploads%2FV4ISSUE12%2FIJRPR20088.pdf&usg=AOvVaw38dJqD39v_7_KaNNzCZtdD&opi=89978449
Constituiton Of India . (1950). Article 25. Retrieved from Constituiton Of India : https://www.constitutionofindia.net/articles/article-25-freedom-of-conscience-and-free-profession-practice-and-propagation-of-religion/
Constitution of India. (1950). Article 44: Uniform civil code for the citizens. Retrieved from Constitution of India: https://www.constitutionofindia.net/articles/article-44-uniform-civil-code-for-the-citizens/
Ministry of Law & Justice. (2011, september 9). Compulsory Registration of Marriages. Retrieved from Press Onformation Bureau: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiX5_LerJaEAxXYyzgGHfLoCiIQFnoECBkQAQ&url=https%3A%2F%2Fpib.gov.in%2Fnewsite%2FPrintRelease.aspx%3Frelid%3D75874&usg=AOvVaw0PCQ4dgdVoK8HtaLMAgJxV&opi=89978449
The French Civil Code (1804). (1804). Retrieved from LIBERTY, EQUALITY, FRATERNITY: EXPLORING THE FRENCH REVOUTION: https://revolution.chnm.org/items/show/358
Tunisia – Campaign for Justice in Muslim Family Laws. (n.d.). Retrieved from Musawah: https://campaignforjustice.musawah.org/repository/tunisia/
