Author: Ishita Adhikary, a student of South Calcutta Law College
Abstract:
Going as far back as the inspiration from Article 44 of the Indian Constitution, one of India’s most fiercely debated contentious issues in its legal and socio-political sphere is the Uniform Civil Code. At its best, it aims to bring about a uniform civil code of laws that should stand applicable for all citizens of India irrespective of their religion, caste, or gender. It seeks to replace all the personal laws based on religious scriptures, conventions, and practices by one law applicable to every citizen. UCC proponents argue that the enactment promotes equality, national integration, and equality between genders as it does away with discriminatory practices in personal laws. Opponents claim that its implementation will be detrimental to the religious freedoms of citizens, disrupt the pluralistic ethos of India, and ignore the rights of minority groups.
This paper discusses the trajectory of the constitutional framework regulating the UCC, the landmark case laws, and the socio-legal development that has formed its discourse. It also discusses contemporary issues and the implications of modern India where uniformity and diversity have deep historical roots. This paper, in this sense, with a view on the advantages and disadvantages of the UCC, will discuss this issue with a balanced perspective on its role in India’s democracy and pluralist society.
Introduction:
Diversities of vast cultural, religious, and ethnic forms are embodied in India as it is secular and multi-faith. These genres have thus shaped its unique legal framework, particularly that of personal laws. Personal laws in India pertain mainly to the most essential phases of an individual’s life, such as marriage, divorce, inheritance, adoption, and maintenance. However, these laws stand on religious and customary underpinning, therefore communities bear considerable variations. As an example, Hindu personal law is governed by the Hindu Marriage Act, 1955, whereas the personal laws of Muslims are based on Sharia principles. So also Christians and Parsis have their special laws specific to their faith.Although this pluralistic legal system concretely reflects India’s commitment to the safeguarding of religious liberties, it, in turn itself perpetuates various systemic inequalities that predominantly target women.
Diverse personal laws raise pressing concerns regarding gender justice, equality, and social cohesion. On this note, critics present an argument that personal laws seem to lean on patriarchal norms, which leaves women at the mercy of discrimination concerning divorce settlements, property inheritance, or even maintenance. For example, talaq practice renders Muslim women often at disadvantageous terms in divorce rights while women from a Hindu background may be restricted to access coparcenary property. All these inequalities have necessitated an imperative for an even and equitable framework of law.
As the Indian Constitution was framed to accommodate the possibility of a Uniform Civil Code (UCC), namely, a common set of personal laws applicable to all citizens of whatever religion, article 44-Directive Principles of State Policy-legislates it as follows:
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
This constitutional aspiration supposed to galvanise national integration and support the principles of equality and secularism. Yet, even though it appears in the Constitution, since the country gained independence in 1947, the UCC has remained a contentious, divisive issue. Political, social, and religious considerations have thwarted its implementation as debate centres on the tension between religious freedom and the need for legal uniformity.
Debate regarding the UCC has regained, in recent years, the momentum and energised debate over it. The Law Commission of India reignited it by seeking public opinion and expert analysis for determining its viability and consequences. Political debate too, has gained momentum as the issue can only be seen as an aid to gender justice and national integration while others dubbed it against religious autonomy and cultural identity.It has made UCC one of the most important legal and political issues of 2024, grasping the change in the priorities of the Indian people.
The UCC debate becomes a much wider space by tying in several key strands together, including the tension between secularism and religious pluralism, the search for gender justice, and the challenge of preserving India’s cultural diversity while assuring equality. As a nation grapples to reconcile such dilemmas, the UCC can be seen as something much more sublime than only legal codification; it has come to symbolise, over time, India’s predicament in the tussle between tradition and modernity. The debate on its introduction has transcended a simple legalistic debate-it reflects the transformation of India in the realms of society, culture, and politics.
This paper examines the historical, legal, and social aspects regarding the Uniform Civil Code of India as a benefit for the future, to challenge the procedures, and what is ahead on the road to shaping the legal and societal landscape of India.
Legal Jargon : The Proof:
Uniform Civil Code (UCC) in India has deep constitutional and legal roots; it is not a matter of contemporary policy alone but reflects an attempt India makes to balance its pluralistic ethos with a vision of equality and uniformity. Continued references have been done to numerous constitutional provisions and judicial pronouncements on the relevance and importance of the UCC. Let’s probe deep into it:
1. Constitutional Bases: Article 44 and Its Meaning:
The bedrock for the UCC idea is formed by Article 44 of the Directive Principles of State Policy, or the DPSP.
The article candidly mentions:
“The State shall strive to adopt such measures that the citizens have a uniform civil code throughout the territory of India.”
Though Directive Principles are not justiciable, they are fundamental to the governance of the country. They believe in the concept that society be guided by the principles of equality, justice, and fairness. Article 44 manifests the above vision in the form of aspirational uniformity in matters relating to personal laws concerning marriage, divorce, inheritance, adoption, and maintenance, with reference to religion, caste, or community.
Therefore, the underlying purpose of Article 44 is to promote national integration and unity by abolishing the divisive effect of religious personal laws. In doing this, it does recognise that this will be possible not by the exercise of will but through gradual reform and debate.
2. The Possible Collision with Articles 25 and 26:
Apart from the above, there are guarantees of the right to freedom of religion under Articles 25 and 26 within the Constitution of India. They take protection on the rights of a man to profess, practice and propagate his religion, and rights of a community to manage its religious affairs.
Article 25: Protects the freedom of conscience as well as the right to freely practice and propagate religion but subject to public order, morality, and health.
Article 26: Enshrines the right of religious denominations to administer their affairs in matters of religion.
The worst discord between Articles 25 and 26, and the directive principle of Article 44 lies at the core of the UCC debate. Personal laws in India, be it Hindu, Muslim, Christian, or otherwise are deep interlinks with religious tenets. Many fear that uniformity in civil matters is a threat to their religious identity and sovereignty.
The challenge of course to the State, balancing such provisions and ensuring that a UCC does not violate fundamental rights to freedom of religion at the same time as promoting constitutional ideals of equality and non-discrimination.
Case Laws :
1. Shah Bano Begum Case (1985):
In this landmark judgment, the Supreme Court held in favour of granting maintenance to a divorced Muslim woman under Section 125 of the Code of Criminal Procedure overruled personal laws. The court was also very vociferous for the adoption of UCC by stating that personal laws perpetuate inequalities in gender relations.
2. Sarla Mudgal v. Union of India (1995):
It was a case on the issue of bigamy by a Hindu, who converted to Islam to remarry. Supreme Court emphasised the point of conflict between personal laws and appealed to the need for uniform civil code to check misuse and bring in uniformity.
3. John Vallamattom v. Union of India (2003):
It declared a discriminatory provision under Christian personal law relating to bequests void, which again calls for a uniform code to put constitutional principles of equality and secularism into action.
Recent Developments:
The debate over UCC has turned into a hot potato in recent times due to the following reasons:
1. Role of the Indian Law Commission: The Indian Law Commission was, in June 2023, seeking public opinion to ponder whether it can then thought of recommending a Uniform Civil Code for India. The latter too, once discussed and debated by parties in politics, religious groups, and civil society, sparked massive reactions.
2. A Role Model State-Goa: Goa is perhaps one of the most successful examples in India of a successful UCC, being the first state to successfully implement the uniform Portuguese Civil Code all over Goa with equal force upon citizens irrespective of religion.
3. Political Oratory: There are strident declarations of political leadership about the UCC, some enthroning it as something that the country needs badly to become one, while others loudly caution that it would Balkanise the people.
Obstacles to Implementation:
1. Clash with Constitution: There is a fundamental problem concerning the convergence of constitutional mandate for a UCC with rights accorded by Articles 25 and 26. Freedom of religion clashes with the demand for uniformity often.
2. Diversity of Personal Laws: India has Hindu, Muslim, Christian, Parsi and tribal personal laws governed very traditionally and religiously. The replacement of these with a uniform code will lead to social unrest.
3. Political and Social Opposition: Minority communities may feel that the UCC is an infringement on their religious freedom. This can further exacerbate social polarisation.
4. Gender and Cultural Sensitivities: The UCC may be viewed as disrupting gender balance, especially when such a law is imposed without considering cultural variations: the law may unwittingly play havoc with women’s rights, particularly for marginalised communities.
The Path Forward:
1. Incremental Reforms: Instead of applying an overall UCC, the government could introduce piecemeal changes in personal laws to ensure uniformity in all matters that are critical, such as inheritance, marriage, and maintenance.
2. Public Consensus: Building consensus through dialogue with stakeholders, including religious leaders, women’s groups, and civil society, is essential to avoid backlash.
3. Education Campaigns: There is an educational campaign that helps to eliminate all the misconceptions about the UCC and highlights its ability to uphold justice rather than undermine religious freedom.
Conclusion:
The idea of a Uniform Civil Code is that of equal vision, justice, and secularism, but concretely implemented with much sensitivity towards constitutional politics and social realities. A balance approach-from respect for India’s cultural diversity to overcoming discrimination-may pave the way for a UCC that strengthens national unity without eroding individual freedoms. To arrive at this vision, legally inclusive dialogue and legal reforms with a commitment to safeguarding the constitutional promise of equality to all citizens are needed.
FAQS
1. What is the Uniform Civil Code (UCC)?
A uniform law to govern personal matters like marriage, divorce, inheritance, and adoption applicable to all citizens irrespective of religion is proposed by the UCC.
2. Why is the UCC necessary?
The UCC shall eradicate inconsistencies in personal laws, promote gender equality, and strengthen national integration.
3. Does the UCC apply in courts?
No, the UCC is a Directive Principle under Article 44 of the Constitution and not enforceable by law. However, it guides the State as well.
4. Why is the UCC controversial?
It has been criticised that UCC can even interfere with religious freedom and uproot India’s pluralistic society by making all individuals follow a single culture of personal law.
5. Which state in India follows a Uniform Civil Code?
Goa is the sole state that has a form of UCC, in that it possesses a uniform Portuguese Civil Code which applies uniformly to all its citizens.
6. What are the alternatives to a UCC?
Alternatives include incremental reforms in personal laws, harmonisation of critical provisions, and ensuring gender justice through targeted legislation.
