Author- Tanu Rani Mahato, New Law College, Bharti Vidyapeeth
To the Point
The Uniform Civil Code (UCC) seeks to establish a set of secular personal laws applicable uniformly to all citizens of India, irrespective of their religion, caste, or community, in matters concerning marriage, divorce, succession, and adoption. Rooted in Article 44 of the Indian Constitution, it remains a dormant yet potent directive principle with far-reaching implications on legal uniformity, secularism, and gender justice.
Abstract
India’s legal landscape in civil matters remains fragmented due to religion-based personal laws. The Uniform Civil Code aims to harmonize this diversity under a singular legal umbrella that ensures constitutional values of equality, non-discrimination, and secularism. Despite being articulated under Article 44 of the Constitution, political, religious, and cultural sensitivities have hindered its enactment. However, legal jurisprudence and policy trends signal increasing momentum toward uniformity in civil law.
Use of Legal Jargon
Directive Principles of State Policy (DPSP): Non-enforceable but fundamental principles enshrined in Part IV of the Constitution.
Personal Laws: Legal frameworks governing private relationships, such as family law, based on religion or custom.
Codified Law: Statutory law that has been systematized, e.g., the Hindu Marriage Act, 1955.
Non-justiciable Rights: Legal obligations that are not enforceable by any court of law.
Secularism: A constitutional doctrine under the Preamble ensuring state neutrality in matters of religion.
Judicial Review: The power of courts to test the constitutionality of legislation or executive action.
The Proof
The idea of a Uniform Civil Code (UCC) in India finds its foundation in Article 44 of the Directive Principles of State Policy in the Constitution, which directs the State to work towards a common civil code for all citizens across the country. Although not enforceable by courts, this provision reflects the vision of the framers to bring uniformity in personal laws and promote national integration. Over time, several landmark judgments have highlighted the need for a UCC to ensure gender justice and equality before law. In India, different communities follow their own personal laws in matters such as marriage, divorce, inheritance and adoption, which often leads to unequal treatment, especially for women. A common civil code aims to replace these diverse laws with one set of secular rules applicable to everyone, regardless of religion. This would strengthen India’s secular character and help remove discrimination that stems from outdated customs. While some sections of society fear that a UCC might interfere with religious freedom, the courts have repeatedly clarified that personal laws can be reformed in the interest of social justice without affecting essential religious practices. However, due to India’s social and religious diversity, implementing a UCC remains a sensitive and challenging task. Despite this, the push for a uniform law is important to uphold constitutional ideals of equality, unity, and justice for all citizens. Gradual and inclusive dialogue involving all communities can help build consensus towards achieving this long-pending goal.
Case Laws
Mohd. Ahmed Khan v. Shah Bano Begum (1985) AIR 945
The Supreme Court upheld maintenance rights of a divorced Muslim woman under Section 125 CrPC, reiterating the need for a UCC to protect women’s rights and avoid religious disparity in legal remedies.
Sarla Mudgal v. Union of India (1995) 3 SCC 635
The Court condemned religious conversion solely for the purpose of circumventing personal law (e.g., polygamy) and strongly advocated for a UCC to prevent such legal manipulation.
John Vallenato v. Union of India (2003) 6 SCC 611
Declared Section 118 of the Indian Succession Act unconstitutional, as it discriminated against Christians, once again emphasizing the need for a uniform legal framework.
Conclusion
The Uniform Civil Code is not merely a legislative proposition but a constitutional aspiration. Its implementation, however, demands a delicate balancing act between the constitutional ethos of equality and the pluralistic fabric of Indian society. Gradual reforms in personal laws and community dialogue may pave the way for its phased introduction, ensuring that secularism is practiced not just politically but legally.
FAQS
Q1: Is the UCC legally enforceable in India?
No, UCC is part of the Directive Principles under Article 44 and is not currently enforceable by courts.
Q2: Does any Indian state follow the UCC?
Yes, Goa follows a version of the Uniform Civil Code based on the Portuguese Civil Code of 1867.
Q3: Will UCC affect religious freedom?
While opponents argue that it might, proponents assert that it will ensure equality and remove discrimination under religious personal laws without infringing upon religious beliefs.
Q4: Can Parliament legislate on UCC?
Yes, under Entry 5 of the Concurrent List (List III), the Parliament is empowered to legislate on matters related to marriage, divorce, and succession.
Q5: What is the Law Commission’s stand?
In its 2018 report, the Law Commission opined that a UCC is neither necessary nor desirable at present and recommended reforming personal laws to ensure equity.
