UNIFROM CIVIL CODE: A CONTEMPORARY LEGAL ISSUE IN INDIA

Author: Akshita Bokde, Jagran Lakecity University, Bhopal

To The Point:
One of the most highlighting issue in India which is going from a long time is the implementation of the Uniform Civil Code (UCC). The Constituent Assembly while drafting the Constitution of India considered the application of the UCC on whole of India but there were significant problems that came the way. The Uniform Civil Code (UCC) was not codified into binding legislation but was instead incorporated within the Directive Principles of State Policy (DPSP) under the Constitution, which, while reflective of the State’s aspirational goals, are non-justifiable in nature. Dr. B.R. Ambedkar, the illustrious Chairman of the Constituent Assembly and a principal architect of the Indian Constitution, espoused the implementation of the Uniform Civil Code (UCC) as a ‘ desirable ’ constitutional aspiration—one envisioned to engender legal homogeneity, safeguard individual liberties, and fortify the ideals of national integration within India’s pluralistic social fabric. Article 44 talks about the principle of UCC. When we look at the laws in India, there are two types of law one is the Common laws like the Bharatiya Sakshya Adhiniyam, Bharatiya Nyaya Sanhita, etc which are applicable on everyone equally irrespective of the religion. The second type of laws are the Personal Laws like Hindu Marriage Act, Muslim Personal Law. Since India is a secular country with people belonging to diverse religions and every religion has their own Personal Laws which govern matters like Marriage, Divorce, Adoption, Maintenance, etc. Personal Laws are applicable on a particular community and are guided by the traditions and cultural practices of that community. There are also laws known as the Special Laws, in case a person who doesn’t want to follow a particular Personal Law then he can go under the Special laws like the Special Marriage Act which governs marriage irrespective of the religion.

Abstract:
UCC or Uniform Civil Code is a secular personal law of citizens that applies to every person equally irrespective of the religion the person follows. The idea behind the implementation of the UCC was to bring equality among the citizens of India which is also a Fundamental Right enshrined in the Article 14 of the Constitution of India. The application of the Personal Laws goes against the very principle of Equality i.e. Article 14. Due to the presence of Personal Laws on a specific matter every person ends up being treated unequally.  Therefore, the implementation of UCC will ensure that the society is more secular and equitable. The purpose of UCC is to replace all the Personal Laws. Although many attempts have been made in the direction of the implementation of the UCC and also the Hon’ble Supreme Court through its various Judgements has highlighted the need and the importance of UCC in India. But, still there exist a long way for the implementation of the UCC.

Use of Legal Jargon:
The concept of UCC is enshrined in the Article 44 of the Indian Constitution which is A Directive Principle of the State Policy which means that they are only re-commendatory in nature and it’s the responsibility of the State to ensure that the UCC is implemented. Article 44 reads as:
‘The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India. This although is not enforceable in the Courts of law but it expresses the aspirations of the state to apply UCC in India.
The question is why the Constituent Assembly didn’t apply the concept of UCC in India and why did they put in the DPSP. The answer to this is that the communities especially the minorities were not comfortable with the idea of a single law and that they would have to give up their personal laws. So the Constituent Assembly wanted that as the society would progress the people will come to a stage in which they will understand the benefits of the UCC and will appreciate it and UCC shall be implemented when the people are ready.
Goa holds a distinctive position among Indian states, being the sole one to have successfully implemented a Uniform Civil Code (UCC). This remarkable legal framework, a direct inheritance from the Portuguese Civil Code of 1936, elegantly orchestrates personal matters within the state.
This enduring code establishes a standardized set of provisions that govern critical aspects of personal life, including marriage, divorce, inheritance, and guardianship. Crucially, these provisions transcend religious affiliations, ensuring a singular legal standard for all citizens. This not only cultivates profound juridical uniformity but also exemplifies a commitment to secular civil governance.
Even the Supreme Court said in the case of Jose Paulo Coutinko referred the UCC of Goa as the ‘Shining example of UCC’ and said that the government must take inspiration from it and apply UCC throughout the territory of India. But it should be noted that it is not like that the UCC in Goa does not have problems, it has its own fair share of problems. One of them being that the UCC has a deeply discriminatory approach towards the marginalized sections of the society in terms of the religion, gender, sexualities.

The Backstory of UCC:
The debate for the implementation of the UCC started in the Colonial period where it was proposed to adopt a single law in order to avoid resistance between Hindus and Muslims. This debate again made a comeback during the drafting of the Indian Constitution in which Dr. B.R. Ambedkar, along with several other eminent members of the Constituent Assembly, advocated for the adoption of the Uniform Civil Code (UCC), viewing it as a vital step toward establishing a cohesive and egalitarian legal framework in independent India.But they reached to a compromise to include it in the DPSP. Thereafter, the talks about the UCC again came to limelight in the famous case of Shah Bano in which Supreme Court stressed the need for the adoption of UCC. Other cases like the Sarla Mudgal case also laid importance on the implementation to the UCC.
Arguments in support of UCC:
The implementation of the Uniform Civil Code (UCC) would serve to guarantee uniformity and equality before the law by ensuring that all citizens, irrespective of their religious affiliation, are subject to the same set of civil laws.
It would also help in the strengthening of the National integrations of the country.
It would lead to a simple legal system without any overlapping and difficult and varied laws for each religion.
The implementation of the UCC will also ensure that the laws which belongs to the colonial rule will be reformed in accordance with the present situations.

Arguments in against of UCC:

The implementation of UCC will lead to hampering of the religious freedoms enjoyed by a particular community.
It also poses a threat to the distinct cultural identity of the community.
There can be a scope of political misuse.

Case Laws:

Mohd. Ahmad Khan vs. Shah Bano Begum
In 1978, Shah Bano who was a Muslim woman filed a petition in the court and she claimed maintenance under section  125 CrPc from her husband who had given her divorce who has given her irrevocable talaq over 40 years. Initially, she was granted maintenance by the District Court. On the same lines Supreme Court also granted her maintenance.  But this issue became a widely debated issue. In this case, Supreme Court also recommended the application of UCC.

Sarla Mudgal vs. Union of India
Under the Hindu Law, Polygamy is not allowed but under the Muslim Personal Law, Polygamy is practiced. In this case, a Hindu man converted himself into a Muslim in order to practice Polygamy. The Court ruled the need for having UCC so that issues of this type can be avoided.

Shayara Bano Case
     This landmark judgment declared the practice of Triple Talaq unconstitutional, marking a significant step toward upholding gender justice and reinforcing the constitutional principles of equality and non discrimination..


Conclusion:
The adoption of the UCC has mixed opinions from people, some favour it and some are against. However, the adoption of the UCC would ensure that the justice delivery system of India becomes more streamlined and efficient. There is still a long way in which the society needs to be moulded for the implementation of UCC.

Frequently Asked Questions (FAQ’s):

What is the main purpose of UCC?
The main purpose of UCC is to replace Personal Laws with a common law.

Which country follows UCC?
Countries like United States and Ireland follow UCC.

Can UCC be implemented in India?
UCC can be implemented in India mentioned in Article 44 but it is difficult due to various religions that exist in India.

In the Constituent Assembly, who was in favour of UCC?
Dr. B.R. Ambedkar