Author: Dhanya Hegde, Student at MKPM RV Institute of legal studies
ABSTRACT
Uniform civil code has been a long debated and discussed topic inside as well as outside of the parliament in India . This article discusses Uniform Civil Code (UCC) in India, as envisioned under Article 44 of the Constitution, revolves around replacing diverse personal laws based on religion, custom, and tradition with a common set of laws governing personal matters like marriage, inheritance, and divorce for all citizens. The debate around UCC continues, with proponents arguing for a more secular and equitable legal system, while opponents raise concerns about preserving cultural and religious identities.
INTRODUCTION
Uniform civil code consists of three terms: ‘Uniform’ which means all people are the same, ‘Civil’ which is a Latin term which means citizen, ‘Code’ derived from the Latin term codex which means book. Therefore it denotes that the law should be applicable to all citizens of India uniformly irrespective of their caste, religion, birth, sex, tribe.The Uniform Civil Code (UCC) aims to establish a single, unified legal framework for personal matters like marriage, divorce, inheritance, and adoption, applicable to all citizens regardless of their religion or community, promoting equality, justice, and social cohesion.
India’s secular Constitution protects and respects diverse religions, and personal laws are framed to accommodate and preserve the unique customs and traditions of various religious communities.In India, personal laws are community-specific rules governing matters like marriage, divorce, inheritance, adoption, and maintenance, reflecting the country’s diverse religious and cultural heritage. These laws allow different communities to follow their own religious scriptures and customs in personal affairs. For instance,personal laws in India include Hindu Marriage Act, 1955, Muslim Personal Law (Shariat) application Act, 1937 and Christian Marriage Act, 1872 each governing respective communities’ personal matters.
HISTORY
The Uniform Civil Code (UCC) debate in India is deeply rooted in the country’s complex historical context, cultural fabric, and dynamic political landscape. It reflects the intricate interplay of diverse religious, social, and legal systems that have shaped India’s identity and continue to influence its trajectory, making it a multifaceted and contentious issue.
During ancient and medieval India there were no codified laws. The personal laws that governed the conduct of the people were based on the time honored customs and traditions that were specific to that community. Hindu personal laws were influenced by manusmriti while the Muslim Personal Laws were derived from Quran and Hadith. Different communities had their own rules and practices. During this period Buddhism, Sikhism, Jainism emerged from Hinduism. So these religions share some common concepts and rules. India’s diverse religious landscape was further shaped by colonization and foreign invasions, leading to the coexistence of various religious communities, each with their distinct traditions and practices.
The British colonial administration struggled to govern India’s diverse communities, each with its own personal laws. In response, they proposed the concept of a Uniform Civil Code (UCC), seeking to establish a single, unified legal framework for all citizens, irrespective of their religious backgrounds.The British introduced uniform laws in areas like criminal law (Indian Penal Code) and property rights (Indian Succession Act), but personal laws related to marriage, inheritance, and family matters were largely exempt, and continued to be governed by religious customs and traditions.
The Constituent Assembly debates on personal laws were intense and contentious, with progressive and conservative lawmakers, minority community representatives, and external stakeholders voicing strong opinions, leading to a prolonged and heated discussion that lasted for nearly two years. Ultimately, the framers of Indian Constitution included Article 44, which directs the State to strive for a Uniform Civil Code (UCC) across India, as part of the Directive Principles of State Policy, aiming for legal uniformity.
Goa was the last Indian state to achieve independence from colonial rule, gaining liberation from Portuguese rule in 1961.When India annexed Goa in 1961, the state retained the Portuguese Civil Code of 1867, which continues to govern family law and personal matters uniformly across all communities in Goa, making it a notable example of a Uniform Civil Code in India.
SIGNIFICANCE OF ARTICLE 44
The 42nd Amendment Act of 1976 solidified secularism in India. With guaranteed freedoms of speech, expression, and religious practice, the coexistence of separate personal laws for different religions raises questions about equality before the law and the need for a Uniform Civil Code.
Article 15 prohibits discrimination based on religion, among other factors. However, personal laws in India, such as those governing Hindu and Muslim marriages, create disparities – for instance, the Hindu Marriage Act, 1955, mandates monogamy, while Muslim personal law permits polygamy. This raises concerns about equality and non-discrimination.
Article 25 guarantees freedom of conscience and the right to profess, practice, and propagate one’s religion, but this right is subject to limitations related to public order, morality, and health, allowing the state to regulate practices that may conflict with these interests. Articles 25 and 44 present a nuanced dynamic, balancing the freedom to practice one’s religion with the directive to establish a Uniform Civil Code, highlighting the challenge of harmonizing individual religious freedom with the goal of legal uniformity.
Article 26 provides religious denominations the freedom to manage their own affairs, but this autonomy is not absolute, as the state can intervene in the interests of public order, morality, and protecting fundamental rights, thereby striking a balance between religious freedom and societal needs.
Article 44 of the Indian Constitution is important because it directs the state to strive towards establishing a Uniform Civil Code (UCC) for all citizens across India. This means the government should work towards creating a single set of laws governing personal matters like marriage, divorce, inheritance, and adoption, applicable to all citizens regardless of their religion.
CASE LAWS
Shah Bano v. Union of India (UOI)
The Shah Bano case (1985) was a pivotal moment in India’s legal history. In the Shah Bano case, the Supreme Court held that Section 125 of the CrPC, which provides for maintenance to divorced women, applies to Muslims as well, entitling Shah Bano to receive maintenance.The judgment sparked controversy and debate, with many Muslim leaders arguing it infringed upon Muslim personal law. The case highlighted the need for a Uniform Civil Code and gender equality in personal laws, sparking widespread discussions on legal reform. In response to the backlash, the government passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the SC’s judgment.
Sarla Mudgal v. Union of India (UOI)
The Sarla Mudgal case (1995) was a landmark judgment where the Supreme Court ruled that a Hindu man who converts to Islam to marry again without dissolving his first marriage can be prosecuted for bigamy under Section 82 of BNS(then IPC Section 494). The court emphasized the need for legal reforms and highlighted the importance of a Uniform Civil Code to prevent such exploitation of personal laws. This case reinforced the call for a UCC to ensure gender justice and equality across religions.
Shayara Bano v. Union of India
The Triple Talaq case, also known as the Shayara Bano case (2017), was a landmark judgment where the Supreme Court declared instant triple talaq (talaq-e-bidat) unconstitutional and void by a 3:2 majority. The court held that the practice violated the fundamental rights of Muslim women, including the right to equality and dignity. The judgment led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalizing instant triple talaq (talaq-e-biddat) and providing legal protection to Muslim women. The ruling marked a significant step towards gender justice and equality in personal laws, sparking further discussions on the need for a Uniform Civil Code.
Mary Roy v. State of Kerala
The Mary Roy case (1986) was a significant milestone in challenging gender-based discrimination in inheritance laws. The Supreme Court’s ruling in favor of Mary Roy struck down the discriminatory provisions of the Travancore Christian Succession Act, 1916, ensuring equal rights for Christian women in matters of inheritance. This judgment reinforced the constitutional principles of equality and non-discrimination, contributing to the ongoing debate on reforming personal laws and implementing a Uniform Civil Code in India.
CHALLENGES FOR IMPLICATIONS OF UCC
Implementing a Uniform Civil Code (UCC) in India’s federal structure is challenging due to the country’s diverse religious, cultural, and social landscape, coupled with the complex distribution of legislative powers between the central and state governments. The potential hurdles include resistance from communities protective of their personal laws, legislative complexities, and the need to balance national integration with regional diversity and community identities, making it a multifaceted challenge.
Implementing a UCC in India would require navigating the complexities of diverse personal laws, cultural practices, and religious traditions. It involves reconciling different legal frameworks and addressing the concerns of various communities to create a unified code that respects India’s pluralistic society while promoting equality and justice.Implementing a UCC in India requires careful consideration of the intricate relationship between family and personal laws, and religious beliefs, customs, and traditions. It demands a nuanced approach that balances reform with respect for community identities and safeguards the rights and interests of all groups.
Implementing a UCC in India requires political consensus, public support, and awareness. Political will and societal attitudes play crucial roles in shaping its prospects. Diverse views exist among the populace, influenced by factors like religion, culture, and gender. Effective public discourse and awareness efforts can help build support and facilitate its enactment.
Public opinion and societal attitudes significantly influence the prospects of a Uniform Civil Code (UCC) in India. Diverse perspectives exist, shaped by factors such as religion, culture, and socio-economic status. To move forward, building public support and fostering social acceptance through dialogue, awareness, and education are crucial for overcoming resistance and ensuring successful implementation.
The judiciary plays a crucial role in advancing the Uniform Civil Code (UCC) in India through its interpretations, judgments, and observations, which shape public discourse and influence legislative action, ultimately promoting uniformity and equality under the law. Through landmark judgments, the judiciary has highlighted the importance of a UCC in promoting equality and justice, encouraging legislative action and public debate on the issue.
CONCLUSION
The Uniform Civil Code (UCC) debate in India revolves around reconciling constitutional principles of secularism and individual rights with the preservation of religious and cultural diversity. However, implementing a UCC poses challenges, including potential infringement on religious freedom, polarization, and erosion of traditional customs. To address these concerns, extensive consultations with religious and cultural minorities are crucial to ensure their perspectives are considered, facilitating a more inclusive and harmonious implementation.
The study discusses challenges in implementing UCC and examines landmark cases like Shah Bano and Shayara Bano, highlighting the complexities of reconciling personal laws with constitutional principles. The research also explores global experiences, including Goa’s UCC, to assess the feasibility and desirability of a UCC in India’s diverse society, emphasizing the need for balanced legislation that harmonizes traditions with constitutional principles.
FAQS
What are the matters that are covered under Uniform Civil Code?
Certain subject matters of uniform civil code are as follow:
Marriage, Divorce and Other matrimonial clauses, Succession (Inheritance), Guardianship, Maintenance, Adoption, Partition, Gifts and Wills, Religious institutions.
Joint Family System, and matters of Charitable trust, etc.
Which countries have adopted Uniform Civil Code?
No country has fully implemented a Uniform Civil Code that covers all personal matters for its citizens. However, some countries like France, Germany, and Turkey have aspects of uniformity in their civil codes that apply to all citizens, regardless of their religion or beliefs.
