Explore the controversies around the development of a Uniform
Civil Code mentioned in the Directive Principles
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SYNOPSIS
For decades, the concept of a Uniform Civil Code (UCC) in India has been a topic of
heated debate and discussion. The fundamental idea behind a UCC is to establish a single
set of laws governing personal matters like marriage, divorce, inheritance, and adoption,
applicable to all citizens regardless of their religious affiliations. However, the road to
implementing such a code is riddled with complexities and sensitivities, given India's
diverse religious landscape.
Uniform Civil Code (UCC): The debate over India's Uniform Civil Code (UCC) intensifies as
proponents push for a unified legal framework, while opponents cite concerns over
religious diversity and minority rights. Rooted in the Constitution's Directive Principles,
the UCC aims to standardize personal laws across religions. However, its implementation
remains contentious, entangled in political maneuvering and complex cultural
considerations.
WHAT IS UNIFORM CIVIL CODE?
The Uniform Civil Code (UCC) refers to a common set of laws prevailing personal matters
of all citizens irrespective of their religion. UCC deals with aspects like marriage, divorce,
inheritance, succession, adoption etc. The Uniform Civil Code aims to establish a uniform
legal framework for all citizens, that would codify and apply a set of uniform laws
related to personal matters such as marriage, divorce, adoption, and inheritance to all
citizens, regardless of their religion.
Article 44 in the DPSP, found in Part IV of the Constitution, states that “the State shall
endeavor to secure for the citizens a uniform civil code throughout the territory of India”.
The objective is to have secular law overriding religious laws that regulate these aspects
for different communities. Currently, UCC is applicable only in Goa, while a bill is under
discussion in Uttarakhand.
While nations like India, Malaysia, and Israel adhere to the community-specific model of
personal law, Western nations like the US and France already have UCCs in existence. One
of the Directive Principles of the Indian Constitution states that the state must make an
effort to provide its citizens with a Uniform Civil Code.
What does the Indian Constitution say about Uniform Civil Code
(UCC)?
The Constitution of India, under Article 44, enshrines the Directive Principle that the state
shall endeavor to secure a Uniform Civil Code for its citizens. Yet, the decision to enact a
UCC is left to the discretion of the government, recognizing the intricate nature of the
issue. Despite numerous discussions over the years, successive governments have
grappled with the challenge of implementing a UCC due to its contentious and
poilitically sensitive nature.
What is the Status of Personal Laws in India?
In India, personal laws governing various aspects of life are deeply rooted in religious texts
and customs, resulting in distinct civil codes for different religious communities.
Concurrent Jurisdiction: Personal law subjects like marriage, divorce, inheritance come under
Concurrent list in Seventh Schedule, alongside the Uniform Civil Code.
The Hindu personal laws It includes legal issues related to inheritance, succession, marriage,
adoption, co-parenting, obligations of sons to pay their father’s debts, the partition of family property,
maintenance, guardianship, and charitable donations. (that apply also to the Sikhs, Jains and
Buddhists) have been codified by the Parliament in 1956
• This Code Bill has been split into four parts:
o The Hindu Marriage Act, 1955
o The Hindu Succession Act, 1956
o The Hindu Minority and Guardianship Act, 1956
o The Hindu Adoption and Maintenance Act, 1956
Muslim Personal Law:
Muslims in India follow the Muslim Personal Law, based on Shariah principles. The Muslim
Personal Law (Shariat) Application Act, 1937, regulates matters such as marriage, divorce,
inheritance, and maintenance among Muslims.
The Shariat Law of 1937: It governs the personal matters of all Indian Muslims in India.
It clearly states that in matters of personal disputes, the State shall not interfere and a religious authority
would pass a declaration based on his interpretations of the Quran and the Hadith.
Christians, Parsis, and Jews: These three communities governed under the Indian Succession Act of
1925 and Indian Christian Marriage Act 1872.
Christian women receive a predetermined share based on the presence of children or other relatives.
Parsi widows receive an equal share as their children.
Why is UCC controversial?
UCC is controversial as it pitches group rights against individual rights.
While UCC is perceived as granting people the right to demand equitable treatment, it is also
perceived as an infringement on a group or community's ability to establish its own laws regarding
things like inheritance and marriage.
Judicial lack of consistency on this matter has also added to the confusion and controversy. Courts
in India have given contradictory rulings.
The debate on the Uniform Civil Code is multifaceted, reflecting India's religious, cultural,
and political diversity.
• Religious and Cultural Diversity: Critics argue that a UCC could undermine India's
rich religious and cultural diversity by replacing individual religious laws with a
uniform code. They fear it might impinge upon religious freedom and erode the
country's cultural fabric.
• Protection of Minority Rights: Opponents express concerns about the impact on
minority communities, whose personal laws are integral to their religious identity.
They worry that a UCC could dilute their rights and cultural autonomy, essential in a
pluralistic society like India.
• Political Considerations: The UCC often becomes a tool for political maneuvering,
with parties using it to appeal to their voter base. However, genuine discussions on
its merits and drawbacks often take a back seat to political calc ulations.
• Gender Equality and Women's Rights: Proponents argue that a UCC would
promote gender equality by eliminating discriminatory practices in certain
personal laws. However, opponents believe gender justice can be achieved within
existing frameworks without compromising religious freedoms.
• National Integration: Some view a UCC as a means to foster national integration
and strengthen secular values. Yet, the complexity and sen sitivity of the issue
highlight the challenges of achieving consensus in a diverse society like India.
• The debate on the Uniform Civil Code underscores the complexities inherent in
balancing religious freedoms, cultural diversity, and gender equality in India's legal
framework. As discussions continue, the need for inclusive dialogue and careful
consideration of all perspectives remains paramount.
Debating the Uniform Civil Code: Equality, Secularism, and Legal Transformation
in India
• Gender Neutrality and Justice: If a Uniform Civil Code is enacted, all personal laws will cease to
operate. It will get away with gender biases in existing laws and ensure gender neutrality and
justice.
o The rights of women are usually limited under the patriarchal discourse through religious
laws.
o Uniform Civil Code will liberate women from patriarchal domination and provide them with
the right to equality and liberty.
• Secularism and Common Law: A secular nation needs a common law for all citizens rather than
differentiated and distinctive rules based on religious practices.
o UCC will de-link law from religion which is a very desirable objective to achieve in a
secular and socialist pattern of society.
▪ It fulfills constitutional mandates under Article 44 of DPSP.
• National Unity and Integration: A Uniform Civil Code promotes a sense of common citizenship.
It would foster national unity by transcending religious and community divisions.
o Personal law creates differences and divisions among citizens which hinders the nation’s
cohesive fabric.
• Modernisation of Law: India’s legal system will become in line with global standards and
contemporary values, reflecting the needs of a modern society.
• Simplification of laws: Presence of so many laws creates confusion, complexity and
inconsistencies in the adjudication of personal matters, at times leading to delayed justice or no
justice.
•
o Uniform Civil Code will eliminate this overlapping of laws.
• Communal and religious diversities: In India, it demands uniformity in laws.
• Example: All Hindus are not governed by a homogenous personal law even after the enactment
of the Hindu Code Bill.
o There is also no uniform applicability when it comes to the Muslim personal law or the
Shariat Act 1937.
• Against the Rule of Law: Personal laws, rooted in traditional practices, often conflict with evolving
social norms, necessitating a comprehensive and inclusive legal framework.
o Hindu Marriage Act of 1955 prohibits marriages amongst close relatives but they are
considered auspicious in the south of India.
o As per Hindu Succession Act of 1956, wives are not coparceners (a person who shares
equally with others in the inheritance of an undivided estate) nor do they have an equal
share in inheritance.
A Critical Analysis of Family Law Reform and the Uniform Civil Code Debate
• Law Commission (2018) consultation paper on Reform of Family Law: It stated that Uniform Civil
Code “is neither necessary nor desirable at this stage“,
o Report recommended that discriminatory practices, prejudices, and stereotypes within a
particular religion and its personal laws should be studied and amended.
o Codifying all the personal laws into a secular law, as doing so would violate the
fundamental rights guaranteed by the constitution.
o Fixing the Marriageable age for Boys and Girls at 18 years, so that they are married as
equals.
o Simplifying the Divorce Procedure: Making adultery a ground for divorce for men and
women.
o Abolishing the polygamy by law.
• Strategic Evolution: Gradual Implementation and Reforms toward
a Uniform Civil Code
•
• Special Marriage Act, 1954: Under the Special Marriage Act of 1954, civil marriage
is permitted for any citizen, regardless of religion, allowing any Indian to get married
outside of religious custom.
• Shah Bano Case 1985: In this case, Shah Bano was refused her claim for
maintenance. The Supreme Court ruled in her favour under Section 125 of Code of
Criminal Procedure (CrPC), which applied to all citizens the order for maintenance of
wives, children and parents.
o The Supreme Court further recommended that the long pending Uniform Civil Code
should be finally enacted.
• The Supreme Court also called on the government to implement the UCC in the 1995
Sarla Mudgal judgement as well as in the Paulo Coutinho vs Maria Luiza Valentina
Pereira case (2019).
What Should be the Way Forward?
• Brick by Brick Approach: In order to achieve a UCC in India, a brick-by-brick approach
should be taken rather than an omnibus approach. A just code is far more important
than a uniform code.
• Checking the Social Adaptability: There is a need to consider social adaptability of
UCC while forming a blueprint for a uniform civil code.
o Starting with the areas of personal law that are most widely accepted and
uncontroversial, such as laws related to marriage and divorce.
o This could help to build consensus and support for the UCC, while also addressing
some of the most pressing issues faced by citizens.
• Discussion and Deliberations with Stakeholders: Also, involving a broad range of
stakeholders, including religious leaders, legal experts, and community
representatives, in the process of developing and implementing the UCC.
o This could help to ensure that the UCC takes into account the diverse perspectives
and needs of different groups, and that it is seen as fair and legitimate by all
citizens.
CONCLUSION
In conclusion, the exploration of controversies surrounding the development of a Uniform
Civil Code as outlined in the Directive Principles reveals a complex landscape of legal,
social, and cultural considerations. By delving into the diverse perspectives and debates
surrounding this issue, it becomes evident that the pursuit of a Uniform Civil Code is not
merely a legal endeavor but a deeply nuanced societal transformation.
Embracing a new point of view, it is imperative to recognize that the development of a
Uniform Civil Code should not be viewed solely through the lens of uniformity, but rather
through the principles of inclusivity and diversity. By fostering dialogue, understanding,
and respect for the plurality of beliefs and practices within our society, the path towards a
more equitable and harmonious legal framework can be paved.
As we navigate the complexities and controversies inherent in the pursuit of a Uniform
Civil Code, it is essential to approach this endeavor with sensitivity, empathy, and a
commitment to upholding the fundamental rights and freedoms of all individuals. Only
through a holistic and inclusive approach can we truly address the challenges and
opportunities presented by the quest for a Uniform Civil Code in a diverse and dynamic
society.
