Author: Akhilendra Singh Student at Symbiosis Law School, Noida
To the Point
India’s legal framework is divided into two types. Criminal laws are uniform across the board, whereas civil law related to marriage, divorce, inheritance, and adoption follows religion. Till date, Article 44 of the Constitution proposes that the Uniform Civil Code (UCC) aims to integrate these civil laws in all communities. It hopes to promote national integration, guarantee equality in the enforcement of laws, and preserve the secular nature of the Indian State. Nevertheless, social opposition, inter-faith sensitivities, and political ideologies persist in stalling the UCC’s enactment. The framers of the Constitution had hoped for Article 44’s insertion as a means to steer the country towards legal uniformity, not as a command to be put into practice immediately. Thus, the conflict lies at the crossroads of constitutional utopianism and political pragmatism. UCC has been adopted by courts again and again, but its application is tentatively forwarded by various governments across decades due to its sensitive character. Its appeal can be more rhetorical than real, but in election times, the controversy of UCC does tend to make headlines. To summarize this argument, the UCC has potential to transform personal laws, but without sensitive, consensus-oriented methods, it runs the risk of exacerbating societal cleavages.
Abstract
The Uniform Civil Code (UCC) is perhaps one of the most contentious and debatable issues in the legal and political landscape of India. The UCC aims to consolidate personal laws related to marriage, divorce, inheritance, and adoption for all citizens, replacing religious and customary tribal laws. This is articulated as a Directive Principle of State Policy within Article 44 of the Indian Constitution. This essay attempts to explore whether the UCC is a genuine constitutional commitment or just a political maneuver. This article analyzes the implementation of a UCC in India’s pluralistic society through statutory analysis and judicial precedents alongside reviewing sociopolitical shifts and legislative reforms.
Use of Legal Jargon
The concept of a Uniform Civil Code can be found in Part IV of the Constitution under the Directive Principles of State Policy which, while not justiciable, are fundamental to governance. There is an obligation cast upon the State by Article 44 to endeavor to provide for a unified civil code applicable to all citizens of India. Articles 25 and 26, which concern the freedom of religious belief and the conduct of religious affairs, pose considerable challenges. It is common practice in judicial reasoning to invoke “public order,” “morality,” and “health” to further religious freedom. Non-justiciable Directive Principles are contrasted with “justiciable rights” which are those that can be claimed in a court of law. In case of conflict between Fundamental Rights and Directive Principles, courts use the doctrine of harmonious construction applying rationale that upholds both principles. Furthermore, certain legal provisions such as Section 125 of the Criminal Procedure Code have been interpreted by the courts to ensure social justice, regardless of religion, demonstrating the judiciary’s inclination towards uniformity in civil obligations. The principle of reasonable classification under Article 14 permits distinction between classes if the differentiation is grounded on intelligible criteria and rationally related to the purpose. These legal theories and jargon serve as the cornerstone of the UCC discussion and direct the involvement of judges in circumstances involving conflicting rights.
The Proof
A popular instance of UCC is the Goa Civil Code, which puts in place a singular civil code for all communities. Critics argue that even Goa’s code is not fully coherent and has gaps. A UCC is neither needed nor wanted for the present, as noted in the 21st Law Commission Report (2018), which recommended changes to personal laws instead. In a groundbreaking move, the Uttarakhand UCC Bill (2024) was introduced, covering marriage, divorce, cohabitation, inheritance, and adoption. This state law marks the first concrete effort toward a UCC framework and could serve as a test case for national acceptance. The Bill also provides for equal rights to inheritance for sons and daughters, and contains provisions mandating registration of marriages and cohabitation. Other states identified as having shown willingness to enact similar laws are Gujarat and Assam. Instead of a one-size-fits-all approach from the center, these proposals suggest that UCC may evolve incrementally from state experiments and emerging case law.
In Favour of: UCC advocates for equal rights for men and women because several personal laws discriminate against women in divorce and inheritance.Formally, a daughter inherits half of what a son inherits under Muslim law. A unified code seeks to enhance national integration by reducing legal diversity within the country and limiting jurisdictional conflict. It enhances administrative efficiency as well as judicial uniformity by eliminating overlapping and contradictory laws that differ from one region to another. Moreover, the UCC defends secularism by enforcing equal treatment of all citizens and avoiding civil endorsement of any faith in legal matters, thus upholding constitutional obligations. Moreover, it aligns with other universal norms such as CEDAW which seeks equal laws and nondiscrimination. For exercising constitutional values alongside tradition, the UCC is portrayed as an embrace of modernity and progressive reform.
Against: Critics argue that a singular uniform code could suppress minority cultures and identities. Also, concerns arise regarding violations of Articles 25 and 26 which protect religious beliefs and practices of individuals. These critics strongly feel the UCC has a politically motivated intention, particularly when it was proposed sans open collaboration with stakeholders. Considering the wide array of cultures and customs within groups, the challenges to implementation are enormous. Also, justice is not always the same as sameness. A homogenized framework may disproportionately affect minorities who consider their personal regulations central to their faith. Opponents argue that the current personal laws have more potential to be reformed than implementing a uniform structure. For example, gender equitable changes can be made separately in Hindu, Muslim, Christian, and other laws without having to engage in the politically sensitive debate of the UCC.
Case Laws
Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum, 1985 SCR (3) 844):
In the case of Shah Bano contravention of Muslim personal law, the Supreme Court granted Shah Bano maintenance under Section 125 the Criminal Procedure Code, sparking a national discussion. The necessity of a UCC was highlighted in the ruling.
2. Sarla Mudgal v. Union of India (1995 AIR 1531):
– The Court ruled that it is unlawful for a Hindu husband to convert to Islam in order to get into a second marriage without ending the first. The demand for a UCC to curtail the infringement of religious rules was reiterated in the ruling.
3. John Vallamattom v. Union of India (2003) 6 SCC 611:
– The Indian Succession Act’s Section 118 was found to be discriminatory against Christians by the Supreme Court, stressing the importance of consistency in civil regulations.
Conclusion
The UCC remains a constitutional ideal, but intricate sociopolitical issues have put it off. Indian courts’ jurisprudence ensures that they cherish individual rights and legal uniformity. It’s not easy to balance these ideals against religious freedom, however. A UCC’s promise is in harmony with the spirit of the Constitution, but its implementation must be mindful, inclusive, and subtle. For a successful UCC, there needs to be constructed public consent through dialogue and not coercion. Additionally, without mentioning the controversial UCC narrative, gender justice and equity could also be pursued through exclusive modifications in personal legislation. In conclusion, the method and objective of the implementation of the UCC will decide whether it evolves into a constitutional pledge or remains a political aspiration. The UCC can only achieve its constitutional promise when the debate goes beyond partisanship and opens itself to democratic inclusiveness.
FAQS
1. What is Uniform Civil Code (UCC) ?
The Uniform Civil Code attempts to substitute personal laws of different religions with a uniform civil code, which would apply equally to all Indian citizens regardless of their religion. This single code would regulate marriage, divorce, maintenance, adoption, and inheritance. Its aim is to facilitate equality, integration, and national unity while resolving discrimination and prejudice, particularly those rooted in gender inequality, in current personal laws. UCC targets secularism and constitutional morality and tries to accord equal thought to all citizens in civil cases.
2. Is UCC constitutional mandatory ?
Legally speaking, the UCC is not necessary. As a Directive Principle of State Policy, which is non-justiciable that is, not ad-judicable by a court of law it is enshrined in Article 44 of the Indian Constitution. Nevertheless, Directive Principles act as a moral guideline for judgments regarding legislation and policy and are integral to the governance of the country. Considering the sensitivities and the diversity of the country, the framers of the Constitution saw UCC as a long-term goal that the State should pursue.
3. Does UCC infringe upon religious freedom?
Critics of the UCC state that it violates the freedoms vested under articles 25 and 26 in relation to religion practice and administrative control over religion. They contend that the imposition of a single code would compromise religious identities and traditions unique to a given community. Conversely, the supporters attest that UCC aims to harmonize civil law in a secular context, not necessarily to assail any specific religion. They note that religious freedom does not mean engaging in behavior contrary to fundamental values such as humanity, honor, women, and equality. The concept of harmonious construction has been invoked frequently by the Supreme Court for the purposes of achieving these ends.
4.Has any part of India Implemented UCC?
As is well known, the state of Goa follows the Goa Civil Code, a form of uniform civil code stemming from Portuguese colonial law. Under this framework, all Goan citizens, irrespective of their religion, are subject to the same civil laws of marriage, succession, and divorce. However, there are numerous gaps within the Goa Code, and its enforcement is not fully uniform. One more concern in this context is the recently suggested draft of Uttarakhand UCC Bill (2024) which aims to develop a UCC at the state level that is more systematic and comprehensive.
