UNIFORM CIVIL CODE (UCC): A STEP TOWARD NATIONAL INTEGRATION

Author: Harsh Yadav, Banaras Hindu University


INTRODUCTION


The uniform civil code is a proposal in India to formulate and implement personal laws of citizens equally regardless of their religion. Presently, personal laws of are governed by their religious texts. Personal laws are the laws that covers marriage, divorce, inheritance, adoption and maintenance. In the Indian constitution article 25-28 guarantees religious freedom to the Indian citizen and allow religious groups to maintain their own affairs, while the article 44 of directive principle of state policy expects state to apply directive principle and common law for all citizen while formulating national policies.

HISTORICAL BACKGROUND:
The concept of a Uniform Civil Code (UCC) in India dates back to the colonial period. The British government, while framing laws for India, chose to implement a common criminal and civil law but allowed personal laws of different religious communities to remain untouched. These personal laws governed matters like marriage, divorce, inheritance, and adoption, leading to legal pluralism in the country.

Colonial Era (British Period):
During the British rule, Warren Hastings’ Plan of 1772 allowed the application of Hindu and Muslim personal laws in matters of marriage, divorce, and inheritance. However, criminal laws were uniformly applied to all citizens. Over time, British administrators saw the need for reforms but were hesitant to interfere with religious laws, fearing backlash from the communities.

In 1840, the British introduced a uniform criminal code, which later became the Indian Penal Code (IPC), 1860. However, they refrained from codifying personal laws. Efforts to reform personal laws during this period were limited, and most changes focused on Hindus, such as Sati abolition (1829) and Hindu Widow Remarriage Act (1856)

Post-Independence and Constituent Assembly Debates:
After independence, the Uniform Civil Code became a subject of intense debate in the Constituent Assembly. Dr. B.R. Ambedkar, the chairman of the Drafting Committee, supported the idea of a UCC to ensure equality and justice in personal laws. However, opposition came from several members who feared that a UCC would interfere with religious freedoms.

As a compromise, the UCC was included in the Directive Principles of State Policy (Article 44) of the Indian Constitution, which directs the State to strive toward securing a uniform civil code for all citizens. However, it was not made a fundamental right, leaving it to the discretion of future governments to implement it.

Key Legal Reforms After Independence:
Post-independence, India saw several reforms in Hindu personal laws, resulting in the codification of the Hindu Marriage Act, 1955, Hindu Succession Act, 1956, and other related laws. However, Muslim, Christian, and Parsi personal laws were largely left untouched, leading to calls for a UCC to ensure legal uniformity across all religions.

Landmark Cases and UCC Debates:

The demand for UCC gained momentum after several judicial interventions.

Shah Bano Case (1985): In this case a 73-year old woman called Shah Bano was divorced by her husband by the method of triple talaq which is an old custom in the muslim community and was denied maintenance by her husband. She went to courts and district court and the high court ruled in her favour. This led her husband to appealing in the supreme court saying that he had completed all his obligations under the Islamic law.
The supreme court ruled in the favour of the wife in 1985 under the “maintenance of wives, children and parents” provision of the all India criminal code, which applied to all citizens irrespective of religion. Which further endorsed the need to setup uniform civil code.



2. Sarla Mudgal Case (1995): In this case , the question was whether a Hindu husband married below the Hindu regulation, through embracing Islam, can solemnise a 2nd marriage. The courtroom held that the Hindu marriage solemnized below Hindu law can most effective be dissolved on any of the grounds specific beneath the Hindu Marriage Act 1955. Conversion to Islam and marrying again, might no longer by means of itself dissolve the Hindu marriage underneath the act and for this reason, a 2nd marriage solemnized after changing to Islam might be an offence underneath phase 494 of the Indian Penal Code (IPC).


3. John Vallamattom Case (2003): In this case, a priest from Kerala, John Vallamattom challenged the Constitutional validity of section 118 of the Indian Succession Act, that is relevant for non-Hindus in India. Mr Vallamatton contended that segment 118 of the act changed into discriminatory in opposition to Christians as it imposes unreasonable regulations on their donation of property for spiritual or charitable purposes with the aid of will. The bench struck down the phase as unconstitutional.

Present Scenario:
The UCC remains a contentious issue in India. While Goa is the only state to have a uniform civil code, efforts to implement it nationwide have faced resistance due to cultural and religious sensitivities. The UCC debate continues to be a part of India’s political and legal discourse.

Arguments in favour of UCC:
1. Gender Equality:
UCC can eliminate discriminatory practices in personal laws that adversely affect women.

2. National Integration:
A common civil code can promote national unity by creating a sense of belonging and equality.


3. Legal Uniformity:
UCC can reduce the complexity and contradictions in personal laws, simplifying the legal system.


4. Secularism:
It reinforces the secular character of the Constitution by ensuring that all citizens are treated equally under the same laws.

Arguments against UCC:
1. Cultural and Religious Sensitivities:
India’s diversity means that personal laws are deeply rooted in religious and cultural practices. Imposing a UCC may be perceived as an attack on religious freedom.

2. Minority Rights:
Minority communities fear that a UCC would undermine their religious identity and traditions.

3. Political Polarization:
The issue of UCC has often been politicized, leading to communal tensions.

4. Lack of Consensus:
Achieving a consensus among different communities is a significant challenge.

CONCLUSION


Uniform Civil Code represents the idea of having a common set of laws for all citizens, irrespective of their religion, to ensure equality, justice, and national integration. While the implementation of UCC could promote gender justice and simplify legal complexities, it also raises concerns about cultural diversity, religious freedom, and the rights of minorities.

The Indian Constitution contains UCC under Article 44 as part of the Directive Principles of State Policy, emphasizing that the State should strive to achieve legal uniformity. However, the diverse personal laws that exist today reflect the country’s pluralistic society, where customs and traditions are integral to people’s identities. Striking a balance between protecting religious freedom and ensuring social justice is, therefore, a complex challenge.

Judicial interpretations over the years have highlighted the need for a UCC to promote equality and eliminate gender-based discrimination. At the same time, the judiciary has recognized that the process of implementing a UCC must be gradual, consultative, and sensitive to the concerns of all communities. Any attempt to impose a uniform law without consensus could create social unrest and distrust.

The way forward lies in promoting dialogue among stakeholders, including religious leaders, legal experts, and civil society, to build consensus on critical issues. The focus should be on achieving legal reforms that uphold constitutional values of equality and justice without eroding cultural and religious identities.

Ultimately, the implementation of a UCC should be guided by principles of inclusivity, equality, and respect for diversity to ensure that it strengthens the secular fabric of the nation while promoting social harmony and justice for all citizens.

FAQS


1.Is uniform civil code (UCC) is mentioned in Indian constitution?
Yes, UCC is mentioned in article 44 of directive principle of state policy.


2.Will UCC impact minorities?
Concerns have been raised that UCC may affect the cultural practices of minorities. However, proponents argue that UCC aims to protect fundamental rights of the citizen and maintain equality among them.

Leave a Reply

Your email address will not be published. Required fields are marked *