What is Uniform Civil Code? | UCC in India – Article 44

Uniform Civil Code: The Uniform Civil Code (UCC) is a proposal in India to create and implement personal laws that apply equally to all citizens, regardless of religion, gender, or sexual orientation. The Uniform Civil Code (UCC) aims to replace existing laws that apply to different communities, which are currently inconsistent with each other. These laws, such as the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, and Parsi Marriage and Divorce Act, would be replaced by a single set of laws applicable to all citizens, ensuring uniformity.

Uniform Civil Code emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The bill was proposed twice but was withdrawn without introduction in parliament. Opposition parties and BJP allies from the NDA have opposed the UCC, claiming it will end special privileges of tribal communities.

In this article, you will read about the Uniform Civil Code in India, its history, arguments in favor of UCC, arguments against UCC, and challenges while implementing it.

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) is a proposed set of laws aimed at creating a uniform legal framework for personal matters, such as marriage, divorce, inheritance, and property rights, that would apply to all citizens of a country, regardless of their religion or faith. The objective of a Uniform Civil Code is to ensure equality and uniformity in personal laws, replacing the existing diverse personal laws that are often based on religious or community traditions. The implementation of a Uniform Civil Code can be a subject of debate and discussion, particularly in countries with diverse religious and cultural practices, as it involves reforming and unifying deeply rooted personal laws.

History of Uniform Civil Code Debate in India

India’s debate on the Uniform Civil Code (UCC) has been contentious, with proponents arguing it would replace religious and customary laws, while opponents question its necessity and potential to destroy India’s diversity. Prime Minister Narendra Modi’s call for a UCC was triggered by the conservative Hindu nationalist BJP, which has been campaigning for it since the 1980s. The complexity of India’s religious and tribal identities complicates the process.

Pre Independence(Colonial Era)

The debate for a uniform civil code dates back to the colonial period in India. It had no uniformity in its application at lower courts due to the diversity of the local cultures of Muslims in different parts of India.

Even though some communities converted to Islam, the local indigenous culture continued to be dominant in their practice of Islam and therefore the application of Sharia Law was not uniform across the country.

Post colonial era (1947-1985)

During the constitution drafting, prominent leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a uniform civil code. However, they included the Universal Civil Code (UCC) in the Directive Principles of State Policy (DPSP, Article 44) due to opposition from religious fundamentalists and a lack of awareness among the masses. This decision was made due to resistance from religious conservatives and a general lack of awareness at the time.

Hindu Code Bill

Dr. B.R. Ambedkar’s Hindu code bill aimed to reform Hindu laws, including legalizing divorce, opposing polygamy, and giving inheritance rights to daughters. Despite opposition, a diluted version was passed in 1956. Jawaharlal Nehru and women members opposed a uniform civil code, leading to a lesser version passed in 1956.

Hindu Succession Act

The Hindu Succession Act, 1956, was a law in India that aimed to amend and secularize the law relating to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs. It established a uniform and comprehensive system of inheritance and succession, abolishing the limited estate of Hindu women and giving them full power to deal with and dispose of property by will.

The Hindu Succession (Amendment) Act, 2005, amended the Act, revising rules giving daughters equal rights with sons and subjecting them to the same liabilities and disabilities. This amendment aimed to further equal rights between Hindu males and females in society.

Hindu Marriage Act

The Hindu Marriage Act, enacted in 1955, was part of the Hindu Code Bills, aimed at amending and codifying marriage laws among Hindus and others. It also included separation and divorce, which were also part of Sastrik Law. This act brought uniformity of law for all sections of Hindus, addressing the issue of religion-specific civil codes that govern adherents of certain other religions.

Minority and Guardianship Act

The Hindu Minority and Guardianship Act, established in 1956, modernizes Hindu legal traditions by adding an addendum to the 1890 Guardians and Wards Act. It applies to all Hindus, including those following Hindu religions, Buddhism, Sikhism, and Jainism, and supersedes all other relevant laws, making any inconsistent law legally void.

Adoptions and Maintenance Act

The Hindu Adoptions and Maintenance Act (HAMA) was enacted in 1956 to standardize Hindu legal traditions. It outlines the process of adopting children by Hindu adults and the legal obligations of a Hindu to provide maintenance to family members. Adoptions are only allowed by Hindus, and the amount of maintenance awarded depends on factors like position, number of persons, and claimant’s estate.

Special Marriage Act

The Special Marriage Act, 1954 is a law in India that allows civil marriage for Indian nationals and foreign nationals, regardless of religion or faith. The act originated from a late 19th-century legislation proposal and is governed by personal laws. The marriage is a civil contract, with no need for rites or wedding ceremonies.

Parties must file a Notice of Intended Marriage, have resided in the district for at least thirty days, and have a thirty-day waiting period before being solemnized. The marriage is solemnized by each party declaring themselves as lawful spouses or husbands. The marriage is governed by the Indian Succession Act, but if the parties are Hindu, Buddhist, Sikh, or Jain, the Hindu succession Act applies.

Shah Bano Case

In 1978, Shah Bano filed a maintenance petition against her divorced husband, Mohammed Ahmad Khan. Khan argued that the Muslim Personal Law only required maintenance for the iddat period after divorce. The Supreme Court upheld the High Court’s decision, increasing the maintenance sum. Section 125 aims to provide a quick remedy for those unable to maintain themselves.

Daniel Latifi Case

The Danial Latifi case in India involved a legal battle over maintenance for divorced Muslim women. The case highlighted the tension between Muslim personal law and secular Indian law, which was seen as insufficiently protective of women’s rights. The Supreme Court ruled in favor of Shah Bano, granting her maintenance under Section 125 of the Criminal Procedure Code. However, this decision sparked controversy, leading to the Muslim Women (Protection of Rights on Divorce) Act, 1986, which limited maintenance provided to Muslim women.

Sarla Mudgal Case

Sarla Mudgal is a 1995 Supreme Court case that ruled against solemnizing a second marriage by conversion to Islam, citing Article 44 of the Indian Constitution. The case questioned bigamy and the conflict between personal laws on marriage matters. The court ruled that the first marriage must be dissolved under the Hindu Marriage Act, 1955, and the second marriage illegal under Section 494 of the Indian Penal Code.

John Vallamattom Case

The John Vallamattam case involved a Roman Catholic Priest and Christian citizen challenging Section 118 of the Indian Succession Act, 1925, as unconstitutional under Article 32 of the Indian Constitution. The Chief Justice ruled that Section 118 only restricted Indian Christians, violating Article 14.

Constitution of India on Uniform Civil Code

Article 44 of the Indian Constitution mandates the State to ensure a uniform civil code across the country. However, Article 37 states that these principles are guiding government policies and are not enforceable by courts. Despite this, Article 44 states that the DPSP is fundamental in the country’s governance, but it does not make it mandatory. Therefore, the implementation of a uniform civil code is not mandatory.

Religious Freedom in a Secular Society – Secularism in India

India, a Hindu majority state since 1947, has been a secular nation since the Forty-second Amendment of the Constitution of India enacted in 1976. The Constitution does not permit mixing religion and state power, and states cannot pursue nonsecular policies or actions. State-owned educational institutions are prohibited from imparting religious instructions, and tax-payers’ money cannot be used for religious promotion. India’s secularism has inspired modern India, but it does not completely separate religion and state.

The Indian Constitution allows extensive interference in religious affairs, such as abolition of untouchability and opening of Hindu temples to lower castes. Personal laws in modern India vary based on Muslim status, and the state finances religious schools and infrastructure. However, the Indian concept of secularism is controversial, with supporters claiming it respects “minorities and pluralism” and critics arguing it violates the principle of equality before the law.

Goa Civil Code

The Goa Civil Code, also known as the Goa Family Law, is a set of civil laws governing the residents of Goa, India. It is an Indianized variant of the Portuguese legal system, drawing largely from the Napoleonic Code. Indian law mostly derives from English common law, formulated and applied in British India. Goa and Damaon are exceptions, with a single code governing all native Goans and native Damanese, regardless of affiliation to religion, ethnicity, and social strata.

The Uniform Civil Code in Goa allows equal division of income and property between husband and wife and children, regardless of gender. However, the code has some drawbacks, such as Hindu men having the right to bigamy under specific circumstances, and prohibiting polygamy in other communities.

Arguments in the favour of the Uniform Civil Code

These are the arguments in the favour of the Uniform Civil Code:

• It will Integrate India- India is a country with many religions, customs and practices.
• It will Give More Rights to Women- Religious personal laws are misogynistic in nature and by allowing old religious rules to continue to govern the family life we are condemning all Indian women to subjugation and mistreatment.
• Many provisions of specific personal laws are in violation of human rights.
• Article 25 and Article 26 guarantee the freedom of religion and UCC is not opposed to secularism.
• The codification and unification of the variegated personal laws will produce a more coherent legal system.

Arguments against the Uniform Civil Code

These are the arguments against the Uniform Civil Code:

• Preserving Religious and Cultural Autonomy:- Opponents argued that implementing a UCC would infringe upon religious and cultural autonomy, diluting the diversity of India’s society.- Personal laws are deeply rooted in religious and cultural traditions, and their preservation was essential to protect minority communities’ distinct identities.
• Violation of Fundamental Rights:- Critics claim that enforcing a UCC would violate the fundamental right to freedom of religion, as citizens would be compelled to follow a common civil law.- It was argued that personal laws provide individuals with the freedom to practice their religion without interference from the state.
• Potential Social Unrest:- Opponents feared that imposing a UCC could trigger social unrest and resentment among religious communities, leading to societal divisions.- Personal laws have long been ingrained in people’s lives, and any sudden change could disrupt social harmony and communal relations.

Challenges in Implementing Uniform Civil Code

There are many challenges while implementing a Uniform Civil Code. These are as follows:

1. Many religious and minority groups perceive the Uniform Civil Code (UCC) as a violation of their religious freedom and cultural autonomy.
2. They express concerns that the UCC might impose a dominant or uniform law that disregards their unique identities and diverse practices.
3. One of the key challenges in implementing the UCC is the absence of political will and consensus among the government, legislature, judiciary, and civil society.
4. Implementing the UCC would necessitate an extensive undertaking, involving the drafting, codification, harmonization, and rationalization of the diverse personal laws and practices observed in India.
5. Furthermore, it would require broad consultations and active participation from various stakeholders, including religious leaders, legal experts, women’s organizations, and others.

Recent Developments related to Uniform Civil Code

1. Legal and Political Discourse: The UCC continues to be a subject of intense debate in legal and political circles. Various political parties and legal experts often discuss its implications for Indian society, especially in terms of balancing uniformity with the diversity of personal laws.
2. Supreme Court Observations: The Supreme Court of India has occasionally made observations about the need for a UCC, especially in cases related to personal law. These observations often reignite the discussion around the UCC.
3. State Initiatives: Some Indian states have shown interest in exploring the idea of a UCC. For instance, the state of Goa has a form of civil code that is often cited in discussions as a potential model for the rest of the country.

Suggestions for Implementing a Uniform Civil Code

To realize the goals of the DPSP and to maintain the uniformity of laws, the following suggestions need immediate consideration:

1. A progressive and broadminded outlook should be encouraged among the people to understand the spirit of the UCC.
2. The Uniform Civil Code should be drafted keeping in mind the best interest of all the religions.
3. A committee of eminent jurists should be constituted to maintain uniformity and care must be taken not to hurt the sentiments of any particular community.
4. The matter being sensitive in nature, it is always better if the initiative comes from the religious groups concerned.

Related Artices:

• Important Articles of the Indian Constitution
• Difference Between Common Law and Civil Law

Conclusion – Uniform Civil Code

The Uniform Civil Code (UCC) aims to replace existing laws that apply to different communities, which are currently inconsistent with each other. The Bharatiya Janata Party is pursuing this proposal, which has been a contentious topic since the Shah Bano case in 1985. Opposition parties and BJP allies argue that the UCC would end special privileges of tribal communities and destroy India’s diversity. The 22nd Law Commission of India has previously concluded that a UCC is neither necessary nor desirable. Implementing the UCC would require extensive undertaking, drafting, codifying, harmonizing, and rationalizing diverse personal laws and practices, and broad consultations from various stakeholders.

FAQs on Uniform Civil Code

1. What is the Uniform Civil Code (UCC) in India, and why is it a topic of debate?

The Uniform Civil Code (UCC) is a proposal to create a uniform set of laws that would apply equally to all Indian citizens, irrespective of their religion, gender, or sexual orientation. It is a subject of debate due to its potential to replace religion-based personal laws, with proponents emphasizing equality, and opponents expressing concerns about cultural and religious autonomy.

2. What is the historical background of the UCC debate in India?

The debate on the UCC dates back to the colonial period, with concerns about the diversity of personal laws governing different religious communities. The discussion gained prominence during the constitution drafting, with leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar advocating for a UCC.

3. Are there any existing laws in India that have already introduced elements of a uniform civil code?

Yes, India has enacted certain laws aimed at reforming and unifying personal laws. Examples include the Hindu Code Bill, the Hindu Succession Act, and the Special Marriage Act, which have introduced elements of uniformity in certain areas of personal laws.

4. What are the main arguments in favor of the Uniform Civil Code?

Proponents argue that a UCC would promote social integration, provide more rights to women, ensure uniformity and coherence in the legal system, and uphold human rights. They also claim that a UCC is not opposed to secularism and is in line with constitutional principles.

5. What are the key challenges and concerns associated with implementing a Uniform Civil Code in India?

Challenges include resistance from religious and minority groups who view the UCC as a violation of religious freedom and cultural autonomy. Concerns revolve around the potential for social unrest, the need for broad consultations, and the absence of political consensus on the matter. Implementing the UCC would require significant effort to harmonize diverse personal laws and practices.