Author: Manya Pankaj Kumar Prabhakar, Shree l.R. Tiwari College of Law
ABSRACT
Uniformity means to make everything one like that is common. In India there is a provision called UCC that aims to replace personal laws and make one uniform laws for all religion. UCC provision is included in art 44 of DPSP and it is non-binding. In this article we will discuss about the definition and history of UCC, constitutional provisions, Cases like Shah Bano, Sarla Mudgal, which said about patriarchal norms against women, how women face gender inequality. SC judgement in the cases, and lastly why there is need to implement UCC.
INTRODUCTION
As a secular and democratic nation, India actively upholds and encourage the principle of secularisms. Hence Uniform Civil Code is a concept that attempts to make common set of laws regardless of religion and promotes real secularism. Implementation of UCC has been a subject of enduring debate for generations. UCC is included in article 44 of DPSP that defines UCC as codification of all personal laws and make one common law for all religion. Despite of being UCC a part of constitution since a long, yet it has not implemented wholly. Goa is the first state that implemented UCC in 19th century (when it was under Portuguese). The idea of UCC was proposed during the British colonial period. They emphasized on uniform laws for criminal and communal matter, excluded the matters related to marriage, inheritance, adoption… to respect the religious custom in personal matters.
In 1859, The Queen Proclamation declared a policy of non-interference in religious affairs.
Leaders like J.L. Nehru and Dr. Ambedkar who were a part of Constitutional assembly debate upholds the principle of uniform laws to promote gender equality and national integration. But due to the opposition from the minority communities and lack of awareness and social reediness among people, the idea of UCC was included in DPSP under article 44 rather than being made enforceable law. The aim was to encourage the state to make continuous efforts towards implementing a UCC. There were some reforms happened in that time like Hindu Code Bill, The Succession act, The Hindu Marriage act, Adoption and Maintenance act, Minority and Guardianship act and Special Marriage act. However, the current government is striving hard to implement UCC in almost all states. Recently, Uttarakhand state under the current government rule has implemented UCC under the Ranjana Prakash Desai Committee.
THE PROOF
Constitutional Provision: UCC envisioned in article 44 of DPSP, though non enforceable that is not legally binding. Ambedkar known as father of UCC, in a constitutional assembly debate emphasized on eventual uniformity.
Law Commission Report (2018): The 21st law commission in its consultation paper on “Reform of family law” concluded that UCC is neither necessary nor desirable at this time. Instead of implementing the UCC, the commission should focus on reforming existing personal laws
Goa as Precedent: Goa is the first state to implement UCC. Goa civil code is known as common family law. Hence, Goa civil code cited a working example of uniform code applicable to all citizens regardless of religion.
International Law: Article 16 of Universal Declaration of Human Rights (UDHR) upholds the principle of equality in matter of marriages and family laws. This highlights the core ideals underlying the UCC.
CASE LAWS
Shah Bano Case (1985)
Case: Mohd. Ahmed Khan Vs. Shah Bano
Facts:
In 1932, Shah Bano tied a note with Mohd. Ahmed Khan who was renowned lawyer in Indore.
After 14 years of the marriage, in 1946 Shah Bano’s husband married another women who was younger the him.
In 1975, when she was 62 years old, she along with her children were disowned and expelled from her matrimonial home.
In April 1978, she brought an appeal under 125 of CrPC in the presence of judicial magistrate of Indore because her husband has abandoned her from the maintenance of rupees 200 per month which he guaranteed to give.
In Nov 1978, Ahmed Khan gave pronounced an irrevocable divorce upon his wife Shah Bano by articulating Triple Talak. On his defence he said since she had terminated to be her wife and because of that he was not accountable to furnish her with maintenance or alimony.
The Court directed Mohd. Ahmed to furnish rupees 25 per month to Shah Bano in a form of maintenance.
On 1st July 1980, the MP High Court while hearing a revisional petition filed by Shah Bano, increased the monthly maintenance amount to rupees 179.20.
Ahmed filed a petition to appeal before SC and he put his argument that after the divorce he cannot keep any form of alliance or connection with his divorce wife because it is not allowed in Islamic law and will be called as Haram and hence, he is not legally responsible to maintain the wife.
Issues Raised:
Whether sec 125 of CrPC is concerned with Muslims or not?
Whether the amount of Mehr given by the husband on divorce is adequate and is liable to maintain his wife or not?
Whether UCC applies to all religions or not?
Judgements
On 3rd Feb 1981, the SC delivered its judgement in the case dismissing the petition filed by Mohd. Ahmed Khan and upholding the decision of High Court. The court ruled that sec125(3) of the CrPC applies to Muslims as well, without any form of discrimination.
SC concluded that there is no conflict between the provision of sec125 and those of the Muslim personal law on the question of Muslim husband’s obligation to provide maintenance for a divorced wife.
Thus, at the end after very long procedure court finally concluded that the husband’s legal liability will come to an end if divorced wife is competent to maintain herself.
Sarla Mudgal Case (1995)
Case: Sarla Mudgal Vs. UOI
Facts:
The case involved a Hindu man who had converted to Islam and married another women while still married to his first wife.
The wife filed a petition arguing that her husband’s conversion to Islam and subsequent marriage constituted bigamy which is a criminal offence under IPC sec 494(bigamy).
Issues Raised:
Can an individual who converts to Islam and enters into a second marriage be exempt from the legal consequences of bigamy?
Does the marriage continue to be valid under the law if one spouses converts to Islam?
What is the effect of conversion to Islam on a valid Hindu Marriage?
Judgement:
The SC held that a Hindu man’s act of converting to Islam does not, by the fact alone annul his subsisting Hindu marriage. Even if a Hindu person converts to Islam, they cannot remarry another woman unless their marriage under the Hindu Marriage act is legally dissolved. The court emphasized that bigamy under the IPC would still apply and that one cannot use conversion to Islam as a loophole to circumvent its Indian marriage laws.
The Judgement underscored the protection of women’s rights within the framework of Indian civil law despite the personal laws of different religion.
Daniel Latifi Case:
Judgement of this case plays a crucial role in advancing women’s rights in India, particularly with respect to the Muslim Women (Protection of Rights on Divorce) Act,1986.
Facts:
After the famous Shah Bano Case (1985) the government passed the Muslim Women (Protection of Rights on Divorce) Act,1986, which seemed to limit a divorced Muslim Women’s rights to maintenance from her former husband beyond the Iddat duration typically lasting around 3 months following the dissolution of marriage.
This law was challenged by Daniel Latifi. He argued that it violated women’s rights by denying a proper maintenance to divorced Muslim women, which could leave them in poverty.
Judgement:
The court clarified its interpretation to ensure justice for Muslim women. It stated that Muslim husband must make fair and suitable provision for his divorced wife’s future during iddat period which could include lifelong maintenance if the situation necessitates it. The court ensured that the law would not be used to deprive Muslim women of adequate financial support. This interpretation ensured that Muslim women would continue to receive reasonable maintenance after divorce while respecting religious laws.
Seema Vs. Ashwani Kumar Case (2006)
Seema Vs. Ashwani Kumar case where SC of India emphasized the importance of compulsory registration of marriage to safeguard rights and prevent issues like child marriages, bigamy and denial of matrimonial rights.
Facts:
Back in 2005, a matter involving a Seema and Ashwani was first brought up in a local court in Haryana.
The case was still pending in the court of Additional District Judge in Delhi when an interim order was issued on April 15,2005.
A transfer petition was submitted to the SC with one of the most significant issues being the validity of the marriage between the Seema and Ashwani.
During the SC’s hearing of the petition, it was observed that the absence of requirement for marriage registration under sec 8 of the HMA act has made it challenging to establish the existence of marriage between spouses.
Issues Raised:
Whether the registration of marriage should be mandatory or not?
Whether the registration of marriage is subject under the state list in the constitution of India.
Judgements:
The SC directed that the registration of all marriage regardless of religious affiliation should be made mandatory. This step was taken to protect women’s legal rights within marriage such as claiming maintenance, custody of children and inheritance. The court emphasized that registration is crucial because it will prevent men from denying the existence of marriage. The ruling also supports the broader constitutional vision of implementing UCC, ensuring fairness and legal clarity in personal matters.
WHY THERE IS NEED TO IMPLEMENT UCC?
India is a diverse country with different religion, custom and practices. Adoption of UCC has potential to enhance national integration by establishing a common set of personal laws applicable to all citizens, thereby promoting legal uniformity across diverse communities.
India advocates for secularisms which says every religion is equal. Hence UCC implementation can promote real secularisms.
Indian politics has made religion a vote bank during election. The implementation of UCC can help in reducing vote bank for politicians.
Religious personal laws reflect patriarchal values and are inherently discriminatory towards women. Enforcing a UCC would be a significant move in advancing gender equality.
CONCLUSION
For a long time in India, there’s been a lot of public debate and conversation around the idea of having one common set of personal laws for everyone. Its history dated back to colonial rule. India being a secular country promotes secularisms despite of it there still exists personal law for every religion that cause discrimination among religions.
Article 25 and 26 of Indian constitution which says about freedom of religion and freedom to manage religious affairs respectively, still UCC has not been implemented wholly.
However, Goa is the first state to implement UCC and stand as an example of uniform of uniform laws. Recently, the Uttarakhand government has implemented UCC under Ranjana Prakash Desai Committee. There are many misogynist personal laws which violates the right of women like Shah Bano case, Sarla Mudgal case, Triple talaq case. Although SC via his judgement advocates for the right of women and gave the judgements in favour of women’s rights.
Hence, Government should stive more to implement UCC as implementation of UCC promotes gender equality, national integration…
FAQS
Q1. What is article 44?
Ans: Art 44 defines UCC which says that the state shall strive to implement Uniform laws throughout the territory of India. It is included in DPSP and though non-binding law.
Q2. Which state as of now has implemented UCC?
Ans: Goa is the first state that implemented UCC as the Goa family law, introduced in 1870. Recently the Uttarakhand enforced the UCC under the Ranjana Prakash Desai Committee.
Q3. Who advocated for the principle of UCC in a constitutional assembly debate and why it was included in DPSP?
Ans: J.L. Nehru and Dr, Ambedkar advocated for the implementation of UCC. However, due to lack of social awareness and readiness among public and resistance from minorities communities led the inclusion of UCC in DPSP.
Q4. Why there is need to implement UCC?
Ans: Because implementation of UCC promotes national integration and equality justice.
