The Uniform Civil Code is a proposed legal framework in India. It formulates one law, i.e., uniform rules in personal matters such as marriage, divorce, adoption, and inheritance, which shall apply to all communities, irrespective of religion.
The need for this code is cited in Article 44 in Part IV of the Indian Constitution, which states, “The State shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.”
Although the Uniform Civil Code (UCC) does not yet have a draft or model document, the framers of the Constitution intended for it to be a uniform body of laws that would replace the specific personal laws of each religion concerning matters like marriage, divorce, adoption, and inheritance.
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Origin of the Uniform Civil Code
The objective of Article 44 under Directive Principles in the Indian Constitution was to eliminate prejudice against vulnerable groups and to develop a sense of harmony among the nation’s many cultural groups.
It was incorporated in the Constitution as an aspect that would be fulfilled when the nation is ready to accept it, and the various communities would be willing to take this law of UCC.
The origin of the Uniform Civil Code dates back to Colonial India when the British Government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, explicitly recommending that personal laws of Hindus and Muslims be kept outside such codification.
Hindu Code Bill and Personal Laws
An increase in legislation dealing with personal issues at the far end of British rule forced the Government to form the B.N. Rau Committee to codify Hindu Law in 1941.
The Hindu Code Bill lapsed and was re-submitted in 1952. The bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate (unwilled) succession.
The Act reformed the Hindu Personal law and gave women greater property rights and ownership. In addition, it gave women property rights in their father’s estate.
Laws that apply to a specific group of people made after due consideration of customs and religious texts are often based on their religion, caste, faith, and belief.
The Hindu Code Bill has been split into four parts:
The Hindu Marriage Act, 1955;
The Hindu Succession Act, 1956;
The Hindu Minority and Guardianship Act, 1956;
The Hindu Adoption and Maintenance Act, 1956;
On the other hand, the Shariat law of 1937, which takes root from the Quran, governs all personal matters relating to inheritance, wills, succession, legacies, marriage, wakfs, dowry, guardianship, divorce, gifts, and pre-emption of Muslims in India.
The Muslim Personal Law (Shariat) Act of 1937 also clearly states that in matters of personal disputes, the State shall not interfere. A religious authority would pass a declaration based on his interpretations of the Quran and the Hadith.
Merits and Demerits of the Uniform Civil Code
Implementing a Uniform Civil Code will only affect personal laws based on religion. This means the laws dealing with divorce, marriage, adoption, inheritance, etc.
Many of the laws that are allowed are not justified as they result in unequal treatment of people and thereby violating the core principles of the Indian Constitution. Hence, having a uniform civil code throughout India will promote the principle of justice.
Arguments in favour of the Uniform Civil Code in India
It is known that gender injustice in the personal laws of communities is inbuilt. Personal laws in India often discriminate against women, particularly in matters relating to marriage, divorce, inheritance, and custody. Some examples to understand this are the practices of polygamy, desertion, and triple talaq.
A Uniform Civil Code would help eliminate such discrimination and promote gender equality.
A Uniform Civil Code would streamline the legal system by substituting the current patchwork of personal laws with a single, universally-applicable set of regulations. This would also improve everyone’s access to and comprehension of the law.
Since it would apply equally to everyone, Uniform Civil Code would ensure consistency in applying the law. As a result, it would help reduce the risk of discrimination or inconsistency in applying the law.
It ensures everyone has the same rights and protections and eliminates discrimination based on religion or personal laws.
A Uniform Civil Code would allow the modernizing and reforming of India’s ever-existing legal systems. It would provide an opportunity to update and harmonise the laws with contemporary values and principles. It is a necessary reform that is the need of the hour for the Indian Judicial System.
With the world moving into the digital age, the social attitude and aspirations of the youth are being influenced by universal and global principles of equality, humanity, and modernity. The Uniform Civil Code’s enactment will help maximise their potential in nation-building.
Last but not least, by providing a standard set of rules for everyone to follow, the Uniform Civil Code could help reduce tension and conflict between different religions of community groups.
Arguments against Uniform Civil Code in India
India is a diverse country with a rich tapestry of religions, cultures, and traditions. Enforcing a Uniform Civil Code in such a nation would require the abandonment of personal laws specific to particular regions, cultures, or communities; hence, it could be seen as a threat to this diversity.
Article 25 - 28 of the Indian Constitution protects the right to freedom of religion in its citizens. However, many individuals argue that it would require people to follow laws that may not be following their religious beliefs and practices; hence, a Uniform Civil Code would infringe on this right.
There needs to be more consensus among the various religions and cultural communities in India on the issue of a Uniform Civil Code. Since it would require the buy-in and support of all communities, this makes it challenging to implement such a code.
Implementing a Uniform Civil Code in India comes with many practical challenges, such as the need to harmonise a wide range of laws and practices and the potential for conflicts with other provisions of the Constitution.
It has often been used for political gain by various parties because it is a compassionate and politicised issue in India. This makes it challenging to address the issue in a constructive and non-divisive manner.
Uniform Civil Code and Goa
In India, Goa is the only State with a Uniform Civil Code regardless of gender, religion, and caste, as there is a common family law.
There are also specific rules by which the people of God must abide, which deal with people prohibited from getting married.
Though Goa was hailed as a “shining example” with a functioning UCC in 2019, experts point out that the code has legal pluralities, which makes ground reality in Goa more complex.
The Portuguese gave the Goa Civil Code in 1867; the Shariat Act of Muslims has not been extended to Goa. However, it permits a specific form of polygamy for Hindus and offers certain concessions to Catholics.
Supreme Court and Law Commission on Uniform Civil Code
In its judgement in the 1985 case of Mohammad Ahmed Khan v. Shah Bano Begum, in which a divorced Muslim woman sought maintenance from her ex-husband, the Supreme Court recommended the adoption of the Uniform Civil Code while deciding whether to give the Code of Criminal Procedure precedence or the Muslim Personal Law.
The Court also called on the Government to implement the UCC in the 1995 Sarla Mudgal Judgement and the Paula Coutinho V. Maria-Leiza Valentina Pereira case of 2019.
In 2018, the Law Commission submitted a 185-page consultation paper on family law reform. The report stated that secularism could not contradict the plurality prevalent in the country and that a unified nation did not necessarily need uniformity. While saying that a UCC “is neither necessary nor desirable at this stage.” The report recommended that discriminatory practices, prejudices, and stereotypes within particular religion and its laws should be studied and amended.
Way Forward
A brick-by-brick approach should be taken rather than an omnibus approach to achieve a Uniform Civil Code in India. A just code is far more critical than a Uniform Code.
While forming a blueprint for Uniform Civil Code, there is a need to consider its social adaptability, starting with the areas of personal law that are most widely accepted and uncontroversial, such as laws relating to marriage and divorce. This could help build consensus and support for the Uniform Civil Code while addressing some of the most pressing issues citizens face.
Involving various stakeholders, including religious leaders, legal experts, and community representatives, in developing and implementing the Uniform Civil Code could help to ensure that the Uniform Civil Code takes into account the diverse perspectives and needs of different groups and that it is seen as fair and legitimate by all citizens.
Conclusion
India, in due course of time, has accommodated and sheltered diverse sections by letting them practise their religious traditions by provisions of personal laws that, on the other side, result in inequality, and having a Uniform Civil Code in such a country is not a matter of justice but also of the diversity it holds.
It is also apparent that implementing a Uniform Civil Code does not violate both Articles 25 and 26 of the Indian Constitution. Therefore, UCC should be introduced as a new law instead of just a blend of laws.
The need of the hour is to understand the difference in laws and religion and crack upon the prejudice that UCC will harm the secular nature of the Indian State or take anybody’s right to profess their faith.
A Uniform Civil Code will focus on equal empowerment of people of all sections, making it a necessary need.
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