Concept of Uniform Civil Code

Abstract

The Uniform Civil Code (UCC) in India aims to establish a consistent legal framework that applies equally to all individuals, regardless of their religious affiliation. It is part of the Directive Principles of State Policy (DPSP) in the Indian Constitution. The UCC has its roots in the debates during the framing of the Constitution, with proponents emphasizing gender equality, secularism, and national integration. However, its implementation has been uneven due to the diverse nature of India, where different religious communities follow their own personal laws. The UCC faces challenges in protecting the rights of religious and cultural minorities, including tribes, and should be implemented with sensitivity. The need for a UCC is highlighted by its promotion of secularism, equal treatment for all Indians, empowerment of women, and alignment with modern nations. Important court cases, such as Shah Bano Begum v. Mohammad Ahmed Khan, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India, have addressed issues related to the UCC. Implementing a UCC would eliminate religious discrimination, safeguard fundamental rights consistently, and provide equal rights for women. However, it is important to consider and address the concerns of minority groups and uphold constitutional provisions while implementing the UCC.

Introduction

The Uniform Civil Code (UCC) seeks to establish a consistent legal framework that applies equally to all individuals, regardless of their religious affiliation, by addressing areas such as marriage, divorce, and succession, which are currently regulated by personal laws based on religion. Uniform Civil Code is part of Part IV of the Constitution which includes the Directive Principles of State Policy (DPSP). Article 44 of the Directive Principles of State Policy (DPSP) in the Constitution, expresses the State’s commitment to strive for the implementation of a uniform civil code across the entirety of India to ensure equal rights for its citizens.

Historical Background

The origins of the Uniform Civil Code (UCC) can be traced back to the debates that took place during the framing of the Indian Constitution. Dr B.R. Ambedkar and some members of the Constituent Assembly advocated for the implementation of a UCC, seeing it as a means to promote gender equality, secularism, and national integration. However, there were also dissenting voices, such as Nazirrudin Ahmad, who opposed the idea, arguing that the religious laws of different communities should not be interfered with without their consent. The implementation of the UCC has been uneven due to the diverse nature of India, where various religious communities follow their own personal laws. This has resulted in discrepancies in areas such as succession laws, where they often favour male children of an “interstate” person. Additionally, different religious and customary personal laws have varying regulations regarding the marriageable age, polygamy, and polyandry.

Indian Constitution on Uniform Civil Code

Article 44 of the Indian Constitution contains a provision for a Uniform Civil Code, which is states that’ The State shall endeavour to secure for the citizens auniform civil code throughout the territory of India’. It emphasizes that the State should make efforts to ensure a uniform civil code for all citizens across India.

In various instances, the Supreme Court has made references to Article 44 and the concept of a uniform civil code. These references have been made primarily to highlight the lack of initiative shown by the executive and the legislature in implementing this directive.

Article 44 is included in Part IV of the Constitution, which deals with Directive Principles of State Policy (DPSP). The DPSP are principles that serve as guidelines for the State to consider while governing the country. They are not legally enforceable but are intended to be guiding principles for the government.

Uniform Civil Code is an attack on constitutional provisions

The proposal for a Uniform Civil Code (UCC) raises concerns about the potential infringement on the constitutional safeguards designed to protect religious minorities and cultural groups, including tribes. This is particularly relevant as tribes often constitute linguistic and religious minorities, encompassing both Christians and practitioners of traditional or indigenous religions. Additionally, tribal customary law, which serves as the basis for personal law within tribal communities, is not inherently tied to religion. In fact, many aspects of personal life among tribal Christians are predominantly governed by local tribal customs rather than religious doctrine, except in matters related to sacraments.

The UCC presents challenges to these protective provisions enshrined in the Constitution. It directly clashes with the provisions outlined in the 6th schedule of the Constitution, which are applicable in Assam, Meghalaya, Mizoram, and Tripura. Similarly, the special constitutional statuses of Nagaland and Mizoram, governed by Articles 371A and 371G respectively, face a similar conflict with the proposed UCC. In both these cases, the implementation of a UCC would violate the existing constitutional provisions.

It is important to acknowledge and address these concerns to ensure the protection of religious and cultural rights of minority groups, including tribes. Any proposed reforms or regulations must be undertaken with sensitivity and a comprehensive understanding of the diverse cultural fabric of the nation, while also respecting the constitutional provisions that safeguard the rights of these communities.

Need for Uniform Civil Code

1. Promotes Secularism

India currently experiences selective secularism, where certain areas are secular while others are not. Implementing a uniform civil code would promote true secularism by ensuring that all citizens, regardless of their religious affiliations (be it Hindus, Muslims, Christians, Sikhs, or others), abide by the same laws. This approach is fair and upholds the principles of secularism. A uniform civil code does not restrict people’s freedom to practice their religion; it simply ensures that everyone is treated equally, which is the essence of genuine secularism.

• Equal Treatment for All Indians

Presently, India has personal laws based on specific religions, resulting in unequal treatment among its citizens. For instance, while Muslims can have multiple marriages in India, Hindus or Christians can face legal consequences for doing the same. This disparity does not align with the concept of equality. To guarantee fairness, all laws related to marriage, inheritance, family matters, and land should be equal for every Indian citizen. This approach is crucial in ensuring that all Indians are treated equitably.

• More Rights for Women

A uniform civil code would also contribute to improving the status of women in India. Given that our society remains deeply patriarchal and misogynistic, allowing outdated religious customs to govern family life perpetuates the subjugation and mistreatment of Indian women. Implementing a uniform civil code would pave the way for changing these antiquated traditions that have no place in today’s society, where the importance of treating women fairly and granting them equal rights is widely recognized.

• Alignment with Modern Nations

A uniform civil code is a hallmark of a modern, progressive nation. It signifies a departure from caste and religious politics. In fact, our society seems to have reached a state where it is neither fully modern nor wholly traditional. Implementing a uniform civil code would propel society forward and help India progress towards its goal of becoming a developed nation. The implementation of a uniform civil code is essential for individuals belonging to different religions and denominations, as it fosters national unity and solidarity. It is crucial to merge and unify divergent religious ideologies into common principles and objectives, aligning with the true spirit of secularism. Despite more than 60 years of independence, the aspiration for a Uniform Civil Code remains unfulfilled. The idea and principle behind a uniform civil code governing personal laws are to treat every individual equally and establish just, fair, and predictable laws that protect everyone. Moreover, a uniform civil code would establish a set of laws governing personal matters for all citizens, regardless of their religion, which is the essence of secularism. It would eliminate gender discrimination based on religious grounds, strengthen the secular fabric of the nation, and promote unity. India has aspired to become a secular society, making the achievement of a uniform civil code even more desirable. Such a code would eliminate diversity in matrimonial laws, simplify the Indian legal system, and foster a more homogeneous society. It would contribute to creating a national identity and help curb divisive tendencies within the country. A uniform civil code would consist of uniform provisions applicable to everyone, founded on the principles of social justice and gender equality in family matters.

Merits Of Uniform Civil Code

The implementation of a Uniform Civil Code (UCC) would bring forth a significant advantage by eradicating discrimination based on religious grounds, thereby ensuring equal treatment for every religion. By upholding the fundamental rights enshrined in the Indian Constitution consistently, irrespective of religion, a UCC would promote equality and justice for all citizens. This is particularly evident in the existing laws pertaining to women’s rights in personal matters such as marriage, divorce, and inheritance, which are currently governed by religion-specific laws. These diverse legal frameworks often result in unequal treatment and limited rights for women belonging to different religious communities.

The introduction of a Uniform Civil Code would bridge these disparities and grant all women equal rights, irrespective of their religious background. It would serve as a powerful tool in combating religious atrocities and discrimination against women, ensuring their empowerment and protection.

By establishing a unified set of laws governing personal matters, a UCC would foster a society where individuals are treated on an equal footing, regardless of their religious beliefs. This would not only promote social harmony but also reinforce the principles of justice and fairness that are the cornerstone of the Indian Constitution.

In conclusion, the implementation of a Uniform Civil Code in India would eliminate religious discrimination, safeguard fundamental rights consistently across all religions, and provide equal rights for women. Such a code would play a crucial role in ending religious atrocities against women and promoting a more egalitarian and just society.

Important cases related to Uniform Civil Code

1. Shah Bano Begum v. Mohammad Ahmed Khan (1985) was a landmark case in which the Supreme Court of India upheld the right of a Muslim woman to claim maintenance from her husband under Section 125 of the Criminal Procedure Code, even after the expiry of the Iddat period. The court recognized the importance of providing financial support to divorced Muslim women and affirmed their right to maintenance.Additionally, the court observed that a Uniform Civil Code (UCC) would be beneficial in addressing contradictions that arise from different religious ideologies. The implementation of a UCC would help in harmonizing various personal laws and promoting equality and justice for all citizens, regardless of their religious affiliations.
2. In Sarla Mudgal v. Union of India (1995), the Supreme Court held that a Hindu husband cannot convert to Islam and marry another woman without dissolving his first marriage. The court considered such actions as fraudulent conversions and declared them invalid. The judgment emphasized the need for a UCC to prevent such fraudulent conversions and bigamous marriages, which exploit religious loopholes.

• Furthermore, in Shayara Bano v. Union of India (2017), the Supreme Court declared the practice of triple talaq, a form of instant divorce prevalent in Muslim personal law, as unconstitutional. The court deemed triple talaq as violative of the dignity and equality of Muslim women. The judgment recommended that the Parliament enact a law to regulate Muslim marriages and divorces, emphasizing the necessity for reforms to protect the rights and well-being of Muslim women.

References:

1. BL Explainer – https://www.thehindubusinessline.com/blexplainer/bl-explainer-what-is-the-uniform-
   civil-code-all-about/article67045868.ece
2. Legal service India – https://www.legalserviceindia.com/legal/article-773-uniform-civil-code.html
3. Rajneetug2021.co – https://rajneetug2021.com/uniform-civil-code/
4. Drishtiias.com – https://www.drishtiias.com/daily-updates/daily-news-editorials/just-uniform-civil-
   code

This article is written by Shweta Kumari, St Xavier’s University, Kolkata,3^rd year during her internship.