UCC
20 September 2023 11:34
Intro-
Uniform Civil Code (UCC) is a set of rules/regulations, which in theory, would replace maze of
personal laws with a common set of rules for marriage, divorce, succession, adoption, guardianship
and partition of land and assets. The framers of the Constitution recognised the need for uniform
personal laws, but placed it in the Directive Principles of State Policy under Article 44 (which says that
“the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India”).
Body-
1. Why UCC is needed?
1. Currently, Indian personal law is fairly complex, with each religion adhering to its own specific
laws. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and
followers of other religions.
2. There is issue of Gender discrimination and oppression within personal laws eg Triple Talaq ,
polygamy, child marriage.
3. Cuurently Goa is only state with Goa Civil Code.
2. Arguments in Favour of UCC
1. National Integration and Secularism:
UCC would promote national integration and secularism by creating a common identity and
sense of belonging among all citizens.It would also reduce the communal and sectarian conflicts
that arise due to different personal laws.It would uphold the constitutional values of equality,
fraternity and dignity for all.
2. Gender Justice and Equality:
UCC would ensure gender justice and equality by removing the discrimination and oppression
faced by women under various personal laws. It would grant equal rights and status to women in
matters of marriage, divorce, inheritance, adoption, maintenance, etc.It would also empower
women to challenge the patriarchal and regressive practices that violate their fundamental
rights. Eg. The Indian Muslim community is governed by the Shariat Application Act of 1937,
which lacks provisions regarding important aspects such as consent, the right to meher(dowry),
the age of marriage, divorce, guardianship and custody of children, women’s inheritance rights,
and polygamy ,Despite the presence of affirmative provisions in the Quran. Several Muslim
countries, including Morocco, Tunisia, and Indonesia, have implemented laws that promote
gender equality
3. Simplification and Rationalisation of the Legal System:
UCC would simplify and rationalise the legal system by removing the complexities and
contradictions of multiple personal laws.It would harmonise the civil and criminal laws by
removing the anomalies and loopholes that arise due to different personal laws.It would make
the law more accessible and understandable for the common people.
4. Modernisation and Reform of Outdated and Regressive Practices:
UCC would modernise and reform the outdated and regressive practices that are prevalent in
some personal laws.It would eliminate the practices that are against the human rights and values
enshrined in the Constitution of India, such as triple talaq, polygamy, child marriage, etc.
3. Arguments against UCC
1. Resistance from Religious and Minority Groups:
Many religious and minority group's view UCC as an infringement on their religious freedom and
cultural autonomy.They fear that“The Uniform Civil Code may potentially enforce a code that is
influenced by Hindu practices in all communities”.
2. UCC would violate their constitutional rights under Article 25, which guarantees the freedom of
conscience and free profession, practice and propagation of religion.
3. Codified civil laws and criminal laws, such as the Code of Criminal Procedure (CrPC) and the
Indian Penal Code (IPC, do not adhere to this principle. The variation in the law of anticipatory
bail is evident across different states. So how can we envision a common law regarding personal
matters for whole country .
4. Uniform provisions tend to be unjust towards marginalised and vulnerable groups.
5. The inclusion of personal law in the Concurrent List (entry No. 5) appears to be motivated by the
desire to maintain legal diversity.If the primary concern had been the establishment of
uniformity in laws, personal laws would have been incorporated into the Union List, granting
exclusive jurisdiction to Parliament
4. Challenges in Implementing UCC
1. Lack of Political Will and Consensus:
There is a lack of political will and consensus among the government, the legislature, the judiciary
and the civil society to initiate and implement UCC.There are also apprehensions that UCC could
provoke communal tensions and conflicts in the society.
2. Practical Difficulties and Complexities:
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2. Practical Difficulties and Complexities:
UCC would require a massive exercise of drafting, codifying, harmonising and rationalising the
various personal laws and practices in India.
It would require a wide consultation and participation of various stakeholders, including religious
leaders, legal experts, women’s organisations, etc.
It would also require a robust mechanism of enforcement and awareness to ensure compliance
and acceptance of UCC by the people.
5. Views of Law Commision
1. According to the 21st Law Commission, led by former Supreme Court judge Balbir Singh Chauhan
development of a Uniform Civil Code is presently deemed unnecessary and not recommended.
Presence of disparities does not necessarily indicate discriminatory practices, but rather serves as
an indication of a strong and vibrant democratic system.
2. It emphasised the importance of reforming family laws across various religions to ensure gender
equity.It highlighted the necessity of guaranteeing women the freedom to practise their faith
without compromising their right to equality.
3. The Law Commission expressed its support for achieving “equality within communities” between
men and women, as opposed to pursuing “equality between” communities
4. Codification should be done in a manner which preserves the differences which are meaningful.
5. Absolute uniformity is not needed.
6. Follow piecemeal approach.
6. Views of Judiciary
1. The Supreme Court, has expressed unhappiness with the fact that there isn’t a single set of
personal laws for everyone in the country
2. Mohammad Ahmed Khan v. Shah Bano Begum (1985) Supreme Court 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 said that a universal civil
code would support the cause of national integration by doing away with different contradictions
based on ideologies. Justice Y. V. Chandrachud lamented that Article 44 “has remained a dead
letter”
3. In the Kesavananda Bharati case (1973) Chief Justice SM Sikri, even after conceding that “no
Court can compel the Government to lay down a uniform civil code”, stated that a UCC “is
essentially desirable in the interest of the integrity, and unity of the country”
4. 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.
It also stated that a UCC would prevent such fraudulent conversions and bigamous marriages.
5. Shayara Bano v. Union of India (2017):
The Supreme Court declared the practice of triple talaq as unconstitutional and violative of the
dignity and equality of Muslim women.It also recommended that the Parliament should enact a
law to regulate Muslim marriages and divorces.
7. Views of some personalities
1. According to Kerala Governor Arif Mohammed Khan, there is a misrepresentation of the UCC,
leading to the construction of an inaccurate narrative surrounding its implementation. The
objective of implementing a uniform civil code is to ensure equitable dispensation of justice to
women from diverse religious backgrounds.
2. Tahir Mahmood, Professor of Law & Ex-Member, Law Commission of India, writes that there is
nothing wrong in placing the whole nation under a single law of family rights and succession. This
must be done in compliance with the constitutional guarantees for equality before the law and
equal protection of laws.(A14)
8. Conclusion
Dr B.R.Ambedkar said that inclusion of the Uniform Civil Code (UCC) in the Constitution was
predicated upon the condition that it would be implemented at a time when the nation was
deemed prepared to embrace it, and when there was sufficient social acceptance for its
adoption. Ultimately, the significance of unity surpasses that of uniformity.
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