Uniform Civil Code (UCC)

18-08-2024

On the occasion of 78^th Independence Day, Prime Minister Narendra Modi called for a Uniform Civil Code (UCC), framing it as a “Secular Civil Code” as distinct from the existing “Communal Civil Code”.

Understanding Uniform Civil Code (UCC)

In India, laws are generally applicable to everyone equally. However, personal laws governing matters like marriage, divorce, inheritance, and adoption differ across religious communities.
The UCC aims to create a set of uniform personal laws that apply to all citizens, irrespective of their religion.

Constitutional Framework

Article 44 of the Indian Constitution, a Directive Principle of State Policy (DPSP), directs the state to strive for the implementation of a UCC.
Although DPSPs are not legally enforceable, means that no one can go to Court asking to order the government to implement DPSPs, they serve as guiding principles for the government in policymaking.

Historical Context:

British Era: The British introduced uniform criminal laws but did not standardize family laws, as they were sensitive.
Constituent Assembly Debates: The UCC was a contentious issue during the drafting of the Constitution, with some Muslim members expressing concerns about its potential impact on their personal laws. However, prominent leaders like K.M. Munshi, Alladi Krishnaswami, and B.R. Ambedkar advocated for its implementation to ensure equality.

Supreme Court’s Stance on UCC

The Supreme Court has consistently emphasized the need for a UCC in several landmark cases.

Mohd. Ahmed Khan vs Shah Bano Begum Case, 1985: The Court noted that “Article 44 has remained a dead letter” and supported its implementation.
Sarla Mudgal v. Union of India, 1995 and John Vallamattom v. Union of India, 2003: The Court emphasized the need for implementing the UCC.
Shayara Bano v. Union of India, 2017: The Supreme Court declared the practice of triple talaq unconstitutional and recommended legislation to regulate Muslim marriages and divorces.
Jose Paulo Coutinho v. Maria Luiza Valentina Pereira Case, 2019: The Court praised Goa’s UCC and encouraged its adoption across India.

Separation of Powers: Why Courts Can't Force the Legislature to make laws on UCC?

Because Article 37 of the constitution states that courts can’t force state to follow DPSP (which includes vision of UCC) while making policy, but still, it is the moral responsibility of the state to follow DPSPs while making policies.

The Law Commission's View

In 2018, the 21st Law Commission, led by Justice Balbir Singh Chauhan, released a consultation paper concluding that a UCC was "neither necessary nor desirable" at that time. The commission suggested focusing on reforms within existing personal laws to address issues of gender inequality.

Significance of the UCC:

The implementation of a UCC carries profound implications for Indian society.

National Integration and Secularism: A UCC would foster a sense of unity and belonging among citizens, minimize conflicts arising from diverse personal laws, and uphold the constitutional values of equality, fraternity, and dignity.
Gender Justice and Equality: By ensuring equal rights in matters of marriage, divorce, inheritance, adoption, and maintenance, a UCC would empower women and protect them from discriminatory practices.
Simplification and Rationalization of the Legal System: A UCC would streamline the legal system by eliminating inconsistencies across multiple personal laws, harmonizing civil and criminal laws, and making laws more accessible to the public.
Modernization and Reform: A UCC would facilitate the modernization of outdated practices embedded in personal laws and eradicate harmful customs such as triple talaq, polygamy, and child marriage.

Arguments in Favour of UCC

Arguments against UCC

Common Code would enable uniform civil principles, which would help in establishing uniformity across the entire Nation.
If all the people belonging to different castes, religions, communities etc. starts following the same laws, that would bring peace and reduce riots.
It would also help in ending discrimination on grounds of sex, religion, caste etc, and strengthen the secular fabric of the nation.
UCC could also ensure Women the Right to a dignified life and control over their life as well as body.
Uniform code would help in eliminating many evil, unjust and irrational traditions across the communities.
The huge population base of India would be better Administered after the application of UCC.

UCC might hamper the diversity and multiculturalism of India as the unified law can possibly wash away these unique characteristics of the nation.
UCC is getting rejection from religious bodies also, on the ground of its possible interference in religious affairs, which is violative of the fundamental right under Article 25 of the constitution.

[Article 25 of the constitution grants the fundamental right to practice and propagation of religion.]

3. Law commission also recommended that there can be gradual reforms in personal laws to bring gender parity but as of now there is no need to bring complete UCC. Diversity strengthen tolerance in the society and uniformity by use of UCC may compromise diversity.

Challenges in Implementing the UCC:

Diverse Personal Laws: India has many communities with different personal laws, making it hard to unify them into a single code.
Religious Sensitivities: Various religious groups have their own traditions and laws. They might see the UCC as a threat to their rights under Article 25, which protects religious freedom.
Political and Social Opposition: The UCC is often viewed through a political lens, leading to resistance or support based on political interests. Social concerns include potential disruptions to traditional practices.
Legislative and Legal Hurdles: Creating a comprehensive UCC requires detailed legislative work and addressing the nuances of different personal laws.

Way Forward:

Unity and Uniformity: The UCC should respect India’s diversity while promoting unity. The Constitution supports both integration and multicultural approaches.
Discussion and Deliberations with Stakeholders: Engaging various stakeholders, including religious leaders and community representatives, is crucial to ensure the UCC is fair and acceptable.
Striking a Balance: Lawmakers should focus on removing practices that conflict with constitutional values while allowing cultural practices that align with principles of equality and justice.
Constitutional Perspective: The Indian Constitution supports cultural diversity with Article 29(1) protecting unique cultures. The goal should be to create a fair code that promotes equality.
Education and Awareness: It is important to educate citizens about the UCC to ensure its effective implementation.

Conclusion:

The call for a Uniform Civil Code is a significant step towards promoting equality and integration in India. While the UCC offers many benefits, including reducing legal complexities and improving gender justice, its implementation faces challenges due to diverse personal laws and religious sensitivities. A balanced approach that includes stakeholder engagement and respects cultural diversity is essential for successful implementation.

Uniform Civil Code in Goa and Uttarakhand

Goa: Goa is the only state in India that has a uniform civil code, regardless of religion, gender, or caste. It has a common family law that applies to all its residents, including Hindus, Muslims, and Christians. This common family law covers matters related to marriage, divorce, succession, and adoption.

The Portuguese Civil Code of 1867 continues to be the basis of Goa's uniform civil code. After Goa's liberation and integration into India in 1961, the Goa, Daman, and Diu Administration Act of 1962 authorized the continuation of the Portuguese Civil Code, allowing for amendments and repeals by the competent legislature.

Uttarakhand: In March, 2024 Uttarakhand became the first state in independent India to enact a Uniform Civil Code (UCC) Act. after President Droupadi Murmu approved the State’s UCC Bill, 2024.