Author Details:-
Aditya Bhatia
Introduction
“A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies” – SC in Mohd. Ahmed Khan v. Shah Bano Begum and Ors.[i]
The Uniform Civil Code (UCC) has been a longstanding and complex issue in India’s legal and social landscape for many years. There is currently disagreement between many religious communities because they adhere to differing laws regarding things like marriage, divorce, inheritance and adoption. Through the integration of various religious communities’ legislation, the UCC seeks to change that.
The Uniform Civil Code refers to a single set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession for all citizens of India.
Despite being an integral part of the Indian Constitution, the Uniform Civil Code (UCC) has become one of contemporary India’s most polarizing and contentious issues. Envisioned in Article 44 of the Indian constitution by the constitution makers after much debate, deliberation and a majority vote of 5:4 it was included in the directive principles of state policy. Article 44 says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” As it comes under DPSP in the Indian constitution, it is not legally enforceable but a guiding principle for the government in formulating the laws.
Current scenario
As of October 2024, only Goa and Uttarakhand are the Indian states that have a UCC.
The UCC bill for Uttarakhand [ii], formulated on the report of the committee led by retired justice Ranjana Prakash Desai on February 2, 2024, would have a single set of laws governing personal issues like marriage, divorce, adoption, inheritance, etc. some of the proposals put forward in this bill are prohibition of polygamy, nikah halala, iddat, triple talaq, child marriage, uniform age of marriage in all religions, mandatory registration of live in relationships, a fine if not registered and many others. The scheduled tribes of the state which amounts to 3% of the state’s population, are exempted from the purview of this bill. The bill was passed by the state assembly on February 7, 2024, which got the assent of the president of the president as per article 201, and with this Uttarakhand became the first state in the country to adopt UCC after independence
As of October 2024, Goa is the only state that has UCC which applies to people of all religions. The Goa Daman and Diu Administration Act of 1962[iii], which was passed after Goa joined the union as a territory in 1961, gave the state of Goa permission to apply the Portuguese Civil Code of 1867[iv], subject to amendment and repeal by the appropriate legislative body. The UCC in Goa permits voluntary registration of every birth, marriage and death, prohibition on polygamy and triple talaq, etc.
As far as the centre is concerned, nationwide implementation of UCC still remains an elusive goal. Though it had been included in the political manifestos of the wining party but no concrete step has been taken to implement UCC.
As per the 21st law commission of India, headed by justice Balbir Singh Chauhan, “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage. “Instead, it suggested reforming the existing personal laws to create uniformity.
The 22nd Law Commission of India, headed by Justice Rituraj Awasthi, has issued a consultation paper on the UCC, seeking public feedback on the issue.
Supreme Court’s view on UCC
In Mohd. Ahmed Khan v. Shah Bano Begum, [v]SC held that under Section 125 of the Criminal Procedure Code, the Supreme Court ruled that Muslim women are entitled to maintenance beyond the iddat period and also observed that a UCC would help remove the contradictions from personal laws.
Sarla Mudgal v. Union of India[vi], SC held that a Hindu husband, upon converting to Islam, cannot enter into a second marriage without dissolving his first marriage and emphasized the need for a UCC to ensure gender justice and equality.
Shayara Bano v. Union of India[vii], SC declared triple talaq unconstitutional, holding that it violated the fundamental rights of Muslim women and underscored the urgency of enacting UCC and forming uniform laws.
Joseph Shine vs. Union of India[viii] , It was held that Section 497 of the IPC relating to adultery violated Articles 14, 15 and 21 of the Constitution and the Supreme Court struck it down. In order to resolve inconsistencies in personal law, the court suggested enacting gender-neutral laws and a UCC.
Arguments in favour of UCC
As per the various stakeholders arguments in favour of UCC or the merits of UCC would be,
- Promoting Equality and Secularism: It will promote the real concept of secularism among the whole nation, having one set of laws for all will simplify the personal laws that are at present segregated on the basis of religious beliefs. UCC aims to ensure that all citizens of India, irrespective of their religion, are treated equally under the law. This aligns with Article 14 of the Indian Constitution, which guarantees equality before the law.
- Empowering Women and Advancing Gender Equality: UCC will support the protection of women’s rights and the improvement of their conditions. By ensuring equal treatment and opportunities for women in a variety of fields, a UCC would further the causes of women’s empowerment and gender equality.
- Fostering National Unity and Simplifying Legal Systems: People will not be able to use personal laws as a loop hole to other laws. UCC will support the protection of women’s rights and the improvement of their conditions. By ensuring equal treatment and opportunities for women in a variety of fields, a UCC would further the causes of women’s empowerment and gender equality.
Arguments against UCC
Several critics have put forth the following arguments against implementing a Uniform Civil Code:
- Challenges of Consensus and Implementation: On the topic of UCC, there is no consensus among various communities about what the UCC should entail. This lack of consensus makes it difficult to envision a UCC that is acceptable to all. The diversity of laws governing different communities makes the drafting and implementation of UCC a herculean task.
- Concerns about Cultural Diversity and Religious Freedom: A diverse range of cultural and religious customs, many of which are safeguarded by personal laws, define India’s multicultural culture. The UCC, according to critics, may undermine this diversity.
- Potential Impact on Minority Rights and State Autonomy: Opponents of UCC argue that it could infringe on the right to religious freedom guaranteed by Article 25 of the Constitution. There are worries that minority populations may be disproportionately impacted by a UCC, which could result in a feeling of exclusion. A centrally legislated UCC, according to critics, may erode the autonomy of states.
Conclusion
The debate over the Uniform Civil Code reflects the complexities of balancing national integration, equality, and individual freedoms in India’s diverse society. Advocates of the UCC argue that it would further secularism, gender equality, and national unity by bringing together laws and providing for their uniform application regardless of religion. However, concerns remain about the preservation of cultural diversity, religious freedom, and minority rights. The trials of consensus and enforcement of this notion underscore the need for careful deliberations and an inclusive social reform programme. As the legal and social environment keeps evolving, it will take a great deal of finesse to navigate the way forward on UCC, respecting both India’s unity and its diversity.
[i] Mohd. Ahmed Khan v. Shah Bano Begum and Ors, AIR 2017 SC 4609
[ii] https://www.livelaw.in/pdf_upload/civil-code-bill-english0001-520761.pdf
[iii] https://www.indiacode.nic.in/bitstream/123456789/1369/2/A1962-01.pdf
[iv] https://www.indiacode.nic.in/bitstream/123456789/8312/1/ocrportuguesecivilcode.pdf
[v] Mohd. Ahmed Khan v. Shah Bano Begum and Ors, AIR 2017 SC 4609
[vi] Sarla Mudgal vs. Union of India,1995 AIR 1531
[vii] Shayara Bano vs. Union of India, AIR 2017 SUPREME COURT 4609
[viii] Joseph Shine vs. Union of India, AIR 2018 SUPREME COURT 4898
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