Author: Sonia Attri, University of Delhi, Faculty of Law
ABSTRACT
The push to replace religion-based personal laws with a uniform civil code (UCC) in India has persisted since pre-independence and remains relevant today. From the Constituent Assembly to contemporary debates, it’s clear that personal laws can disadvantage women and hinder national unity. Advocates argue for secularizing these laws to ensure gender equality and national integration, akin to uniformity in criminal laws. However, opponents cite concerns over cultural diversity.
INTRODUCTION
India deeply values its religion-cultural diversity, a cornerstone of its identity past, present, and future. Every world religion finds a home in India, making it a crucible of diverse faiths. The Uniform Civil Code (UCC) debate, ongoing since independence, has gained momentum. States like Uttarakhand, Madhya Pradesh, and Gujarat have formed panels for its implementation. It’s crucial to grasp the UCC’s essence, the arguments for and against it, and chart a constructive path forward.
MEANING OF UCC
Article 44 of the Indian Constitution mandates the State to strive for a uniform civil code (UCC) throughout India, aiming to replace religious-specific personal laws with a common set of rules applicable to all citizens. This provision stands alone in addressing the UCC, emphasizing the need for a unified legal framework across diverse communities in the country.
NEED FOR UCC
– Discrimination and Equality: Different personal laws lead to discrimination between religions and genders. UCC aims to provide equal rights to women in matters like marriage, divorce, maintenance, and inheritance.
-Legal Directives: The Supreme Court first directed Parliament to frame a UCC in 1985 in the Shah Bano case, addressing maintenance rights of Muslim women after triple talaq.
– Triple Talaq: In the Shayara Bano case (2017), the Supreme Court declared triple talaq unconstitutional, emphasizing equality under law.
– Current Scenario: Various communities are governed by separate personal laws, which can conflict with constitutional principles of equality.
– National Integration aims to unify diverse personal laws, promoting national integration by eliminating conflicting legal ideologies based on religion.
– Gender Justice: UCC seeks to remove discriminatory provisions in personal laws, ensuring equal rights for women in inheritance, guardianship, and marriage.
– Freedom of Choice: A uniform civil code would facilitate protection for inter-caste and inter-religious marriages, offering an alternative to religious-specific laws like the Special Marriage Act, 1954.
CHALLENGES AND ISSUES RELATED TO UCC
– Legal Pluralism: Existing secular civil laws in India vary significantly due to state-level amendments, posing a challenge to uniformity even within these laws.
– Constitutional Contradictions: Articles like 371(A)-(I) and the Sixth Schedule provide exceptions for states like Assam, Nagaland, Mizoram, Andhra Pradesh, and Goa regarding family laws, conflicting with the uniformity proposed by Article 44.
– Cultural Diversity Concerns: Implementing UCC must respect India’s cultural diversity without compromising territorial integrity or causing internal unrest.
– Plurality and Diversity: UCC debates highlight concerns about threatening India’s pluralistic society, where diverse religious beliefs are deeply rooted and valued.
– Secularism in India: Indian secularism emphasizes unity amidst diversity, recognizing and preserving multiple identities under a national umbrella, potentially conflicting with the uniformity of UCC.
– Challenges in Drafting UCC: Apart from consensus, drafting UCC poses challenges due to the lack of a clear vision or guideline on whether it should amalgamate existing personal laws or introduce entirely new ones.
– Concerns of Minorities: Minority communities fear loss of identity and marginalization if UCC disregards their specific personal laws, impacting their autonomy and cultural practices.
PERSONAL LAWS AND CONSTITUTION OF INDIA: CONFLICT OF VISION
The debate over implementing a unified legislation for all Indian citizens, regardless of religion, race, or ethnicity, in accordance with Article 44 of the Constitution, involves a critical and balanced analysis. Many countries, including several Muslim nations, have adapted their personal laws to suit local conditions. Unfortunately, the contentious conflict between common law and personal laws often arises from misinterpreted religious sentiments rather than rational grounds.
JUDICIAL RESPONSE TO THE CONFLICT ON UNIFORM CIVIL CODE
The judiciary’s response to the conflict between personal laws and the Uniform Civil Code (UCC) in India is reflected in landmark cases that critically analyse the issue. The Supreme Court has expressed regret that Article 44 has not been implemented and emphasizes Parliament’s role in realizing its vision. The delay in legislative action is seen by the judiciary as a barrier to achieving the goals of Article 44 of the Constitution.
HISTORY OF UCC IN GOA
During Portuguese rule in Goa and Daman & Diu, separate codifications of local customs were established. After these territories were liberated and integrated into a Union Territory in 1961, existing Portuguese laws, including the Civil Code of 1867, remained in force until amended or repealed. Under this code in Goa, marriage registration restricts polygamy for Muslim men, mandates equal property sharing for married couples, encourages pre-nuptial agreements, and ensures equal asset division upon divorce.
Law Commission’s Views on Uniform Civil Code
The Law Commission of India has periodically examined the issue of the Uniform Civil Code (UCC) and its implications for Indian society. Some notable observations made by the Law Commission are as follows:
21st Law Commission of India (headed by Justice Balbir Singh Chauhan)
– This commission suggested that implementing a UCC may not be necessary or desirable presently.
– Instead, it recommended reforms within existing family laws across different communities to ensure justice and equality.
22nd Law Commission of India (headed by Justice Rituraj Awasthi)
– Issued a consultation paper on UCC, inviting public feedback.
– Various stakeholders, including religious organizations, legal experts, policymakers, and civil society groups, were consulted on the feasibility, implications, and potential framework of a UCC.
CASES RELATED TO UCC
The Supreme Court has addressed the Uniform Civil Code (UCC) through several landmark cases:
– **Mohd. Ahmed Khan vs. Shah Bano Begum (1985) **: Ruled Muslim women are entitled to maintenance beyond iddat under Section 125 of Criminal Procedure Code, advocating for UCC to remove religious contradictions.
– **Sarla Mudgal vs. Union of India (1995)**: Decided a Hindu husband converting to Islam cannot remarry without dissolving his first marriage, emphasizing UCC for gender justice.
– **Shayara Bano vs. Union of India (2017)**: Declared triple talaq unconstitutional, urging UCC for uniform marriage and divorce laws.
– **Joseph Shine vs. Union of India (2018)**: Struck down IPC Section 497 on adultery, promoting gender-neutral laws and recommending UCC for legal consistency.
– **Indian Young Lawyers Association vs. State of Kerala (2018)**: Addressed Sabarimala temple entry ban, advocating UCC to ensure gender equality across religions.
WAY FORWARD
Government efforts should prioritize raising awareness among minorities about the importance of a UCC. The code must strike a balance between protecting fundamental rights and respecting religious beliefs, ensuring fairness and impartiality in its application.
CONCLUSION
To facilitate India’s religious and legal harmony, an evaluation survey among communities should propose reforms aligning with modern, liberal principles and aiming for broad consensus. A Uniform Civil Code should integrate elements from personal laws, emphasizing gender equality and non-discrimination based on religion, caste, or creed. Acts like the Indian Marriage Act and Indian Divorce Act could then apply uniformly to all Indian citizens, promoting awareness through community discussions and deliberations.
BIBLOGRAPHY
Nidhi Thakur, ONE NATION ONE LAW: UNDERSTANDING UNIFORM CIVIL, 9 (2024).
Shri Krupal Tumane, THE UNIFORM CIVIL CODE BILL, 2019.
Ahmar Afaq, UNDERSTANDING UNIFORM CIVIL CODE: ITS NEED AND CHALLENGES (2023).
Uniform Civil Code.
Sonam Singh, UNIFORM CIVIL CODE IN INDIA: URGENT NEED OF HOUR FOR HARMONIZATION, 10 (2022).
NEXT IAS Content Team, Uniform Civil Code: Meaning, Constitutional Provisions, Debates, Judgments & More, (Sep. 18, 2023), https://www.nextias.com/blog/uniform-civil-code-ucc/ (last visited Jul 14, 2024).
FREQUENTLY ASKED QUESTIONS:
In which year Hindu Code bill was passed?
The Hindu Code Bill was passed in 1950s.
Why is UCC applied in Goa?
The goa Civil Code, also known as goa family law, was introduced under Portuguese rule in 1870s, after liberalisation Goa retained the same.
What is UCC?
UCC means common law applicable to all religious personal matters, it aims to replace different personal laws.
Outcome of implementing UCC?
It will submise all personal law.
Does any state follow UCC?
Uttarakhand follows UCC, Gujarat as well assam are also seeking bill to introduce UCC.