Author: Kanishka Panwar, NMIMS, Navi Mumbai
To the Point
The Uniform Civil Code (UCC) seeks to replace India’s personal laws grounded on religious Holy writ and customs with a common set of temporal civil laws that apply to all citizens equally, irrespective of religion, gender, or sexual exposure. While the UCC finds its constitutional backing in Article 44 of the Indian Constitution, its perpetration remains one of the most hotly maundered socio-legal issues in India, raising questions about denomination, religious freedom, and gender justice.
Abstract
This composition examines the Uniform Civil Code in India as a constitutional pledge and a socio-political challenge. It explores the legal frame, the justice around personal laws, the constitutional balance between secularism and religious freedom, and the drive for gender justice. While the Directive Principles of State Policy advocate for a UCC, its performance has been defied on grounds of religious autonomy and nonage rights. The composition critically evaluates the part of the bar, recent legislative developments, political debates, and comparative legal perspectives. It also discusses the Law Commission’s reports and Supreme Court verdicts that have shaped the discourse. The conclusion aims to reflect a path forward through consultative and inclusive reform.
Use of Legal Jargon
Personal Laws: Legal fabrics governing marriage, divorce, inheritance, and adoption, applicable to different religious communities.
Article 44: A Directive Principle of State Policy that urges the State to secure a Uniform Civil Code for the citizens throughout the territory of India.
Secularism: As elevated in the Preamble, it implies the State’s impartiality towards all persuasions.
Fundamental Rights vs. Directive Principles: A constitutional conflict between enforceable rights (Part III) and non-justiciable ideals (Part IV).
Essential Religious Practices Doctrine: A jurisprudential test evolved by the judiciary to determine what is defended under Article 25 (freedom of religion).
The Proof
The legality of the UCC is bedded in constitutional mandates and judicial pronouncements:
Article 44 of the Indian Constitution: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
Preamble: Enshrines the values of justice, equality, and secularism.
Judicial verdicts have constantly supported for the implementation of a UCC to uphold equivalency and count gender demarcation (e.g., Shah Bano, Sarla Mudgal, John Vallamattom).
Case Laws
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
– The Supreme Court upheld the right of a divorced Muslim woman to maintenance under Section 125 of the CrPC, emphasizing that religion cannot stamp statutory rights. The Court supported for the enactment of a UCC, stating that a common civil code would help national integration.
2. Sarla Mudgal v. Union of India (1995)
– This landmark judgment dealt with bigamy under personal law and raised questions about conversions for the purpose of marriage. The Court reiterated the need for a UCC and observed that a common code would help annihilate the abuse of religious transformations.
3. John Vallamattom v. Union of India (2003)
– The Supreme Court struck down Section 118 of the Indian Succession Act as discriminative against Christians. The Court again emphasized the advisability of a UCC to ensure equality among all citizens.
4. Shayara Bano v. Union of India (2017)
– The case led to the declaration of Triple Talaq (instant divorce) as unconstitutional. While the judgment concentrated on gender justice, it reignited the debate on UCC as a means to ensure equal rights across personal laws.
5. Joseph Shine v. Union of India (2018)
– The Supreme Court decriminalized adultery, underlining the significance of gender equality and individual autonomy—principles aligned with the spirit of UCC.
Conclusion
The Uniform Civil Code is not merely a legal reform but a constitutional aspiration aiming to uphold equality, secularism, and justice in civil matters. The resistance to UCC stems from fears of cultural erosion, religious interference, and the potential homogenization of India’s diverse legal traditions. However, the path forward lies in engaging with communities, erecting trust, and casting a UCC that respects India’s pluralism while ensuring constitutional morality.
A progressive and inclusive approach—conceivably by codifying best practices from all personal laws and allowing optional adoption—can act as a middle ground. The recent steps in states like Goa (which already follows a form of UCC), and proposals by Uttarakhand, reflect a growing political and judicial interest in realizing this constitutional vision. With careful drafting, wide consultation, and phased implementation, UCC can bridge the gap between personal freedom and constitutional equality.
FAQS
1. What is the Uniform Civil Code (UCC)?
– The UCC is an offer to legislate a single law governing personal matters like marriage, divorce, inheritance, and adoption for all citizens, regardless of religion, thereby replacing religious personal laws.
2. Is UCC obligatory under the Constitution?
– No, it is not obligatory. Article 44 of the Constitution only directs the State to “endeavour” to apply it. It is a Directive Principle, not a Fundamental Right.
3. Does any Indian state follow UCC?
– Yes, Goa follows a Portuguese Civil Code, which is a form of a Uniform Civil Code applicable to all its citizens.
4. Why is there opposition to the UCC?
– Opposition comes primarily from religious communities who sweat that UCC will infringe on their religious freedom and adulterate their cultural identity.
5. Has the Law Commission recommended the UCC?
– The 21st Law Commission (2018) stated that UCC is neither necessary nor desirable at the moment but emphasized the need for reforms within personal laws to ensure equality.
6. How does UCC affect gender justice?
– UCC aims to give equal rights to all genders in matters of marriage, divorce, inheritance, and maintenance, which are frequently unstable under being personal laws.
7. Is UCC anti-minority?
– Not necessarily. If drafted with sensitivity and in consultation with minority communities, it can be a tool for empowerment and equality.
8. What is the essential religious practices doctrine?
– It is a legal test used by Indian courts to determine which religious practices are protected under Article 25 of the Constitution.
9. Can Parliament legislate on UCC?
– Yes. Under Entry 5 of the Concurrent List, both Parliament and State Legislatures can make laws on marriage, divorce, inheritance, etc.
10. What is the global perspective on UCC?
– Many secular countries have uniform laws for civil matters regardless of religion. India’s model would need to be context-specific, considering its plural society.
