Peeping Into The Significance of Uniform Civil Code In Indian Society

ProBonoLegalBlogs
Jul 9, 2024
10 min read

Updated: Jul 9, 2024

This article is written by Shashvat Dwivedi ,a 4th Year B.A.LL.B student from the Bharati Vidyapeeth New Law College, Pune. This article provides an exhaustive overview of what Uniform Civil Code is and its related concepts from an analytical viewpoint.

Abstract

Uniform Civil Code (UCC) offers ‘one country one rule’, to be applied in all personal affairs in law. The term, 'Uniform Common Code' is expressly referred in Article 44 of the Indian Constitution. The Article directs the State to get for the residents a uniform common code all through the region of India. It is expected to supplant the arrangement of divided individual regulations, which presently oversee relational connections and related matters inside various strict networks. Whereas, Article 37 directs the State to apply these principles in making laws and makes the directives non-enforceable by any Court.

Through this blog, the author aims to discuss the need of the UCC with special focus on women that the Courts find in the application of personal laws. The blog also discusses several judgments that press the need for the UCC. And with the future of the UCC in India, the author concludes with the upcoming challenges that the Country may face after

implementation.

Keywords: Personal Laws, Constitution, DPSP, Discrimination.

What Is UCC: An Introduction

A uniform civil code (UCC) is a legal framework that seeks to replace personal laws based on religious or cultural practices with a common civil code for all citizens of a country. It aims to establish a uniform set of laws governing issues such as marriage, divorce, inheritance, and adoption, irrespective of an individual's religion, caste, or community. The concept of UCC is based on the principle of equality, which seeks to eliminate discrimination based on religion

or gender in personal laws.

In India, personal laws are based on religious practices, and different communities have their own set of laws governing various aspects of family life. For example, Muslim Personal Law governs the personal affairs of Muslims in India, while Hindu Personal Law governs the personal affairs of Hindus. The UCC proposes to replace these personal laws with a common civil code for all citizens.

The concept of the UCC has been a subject of debate in India for many years, with proponents arguing that it is necessary to ensure gender equality and the protection of individual rights, while opponents contends that it would infringe upon the rights of religious minorities. The implementation of UCC has been a contentious issue, with many political and religious groups opposing it.

Uniform civil Code impacts one country one rule, to be applied to all strict networks. The term, 'Uniform Common Code' is expressly referenced to a limited extent, Article 44 of the Indian Constitution. Article 44 says, "The State will try to get for the residents a uniform common code all through the region of India". It is expected to supplant the arrangement of

divided individual regulations, which presently oversee relational connections and related matters inside various strict networks.

Directive Principles which are defined in Article 37 of the Constitution which says –

“The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.” [1]

which really implies that the vision of a uniform civil code is revered in the Indian Constitution as an objective toward which the country ought to endeavor, but it's anything but a crucial right or an established assurance. One can't move toward the court to request to implement the UCC.

While conveying a judgment legitimizing the Portuguese Common Code of 1867, the Supreme Court purportedly depicted Goa as a brilliant illustration of a uniform civil code and said that the pioneers behind the Constitution had trusted and anticipated a UCC for India, yet the public authority had made no endeavor at this point.

Need For The UCC

The requirement for a Uniform Civil Code (referred as 'UCC') was felt when the Constitution came into force. Indeed, even following 54 years, this order couldn't be carried out because of reasons better known to every one of those worried about this order. The UCC likewise plans to defeat the particularistic and frequently traditionalist parts of individual laws of different strict networks.[2]

The objective in this way is likewise to bring a social change and to elevate the situation with women in the current society. The UCC is famously helpful in light of a legitimate concern for modernization of society and for a typical arrangement of Equity for all.[3] The need for a UCC in India has been debated for decades, and there are several reasons why it is seen as necessary by some:

Equality: The UCC aims to ensure equality before the law for all citizens, irrespective of their religion. This is seen as a crucial step towards achieving social justice and upholding the principle of secularism enshrined in the Indian Constitution.

Modernity: India is a rapidly changing society, and the personal laws based on religion are often outdated and in need of reform. The UCC would provide a modern and uniform legal framework that is more relevant to contemporary Indian society.

Gender Justice: Personal laws based on religion often discriminate against women and deprive them of their rights. The UCC seeks to eliminate these discriminatory provisions and ensure gender justice.

National Integration: India is a diverse country with many religions and cultures. Personal laws based on religion often reinforce social divisions and hinder national integration. The UCC would promote social harmony and national unity by providing a common set of laws for all citizens.

Personal Laws vis a vis Women

Personal laws in India are laws that govern matters such as marriage, divorce, inheritance, and succession based on one's religion. Women in India often face discrimination and unequal treatment under these laws and have been significantly affected by personal laws.[4] Here are some ways in which personal laws impact women in India:

Marriage: Personal laws often govern the age of marriage, which can be lower for women than for men. Additionally, some personal laws allow for polygamy, which can leave women vulnerable to exploitation and abuse.

Divorce: Personal laws often give men greater rights in divorce proceedings. Women may face obstacles in obtaining divorce, such as proving cruelty or adultery, which can be difficult to establish. On the other hands, men are given rights to unilaterally divorce their wives without providing any reason.

Inheritance: Personal laws are often imbalanced in favor of women in inheritance matters, denying them an equal share of property. In some cases, women may be excluded from inheritance altogether.

Custody: Personal laws often give men greater rights in matters of custody and guardianship of children, leaving women with limited or no rights.

Maintenance: Personal laws often allow men to pay reduced maintenance amounts to their wives or ex-wives, leaving women financially vulnerable.

Property Rights: Some personal laws often restrict women's property rights, such as their right to own and manage property. Women may also face challenges in accessing credit and loans due to restrictions on their property ownership.[5]

Uniform Civil Code vis a vis Women

The condition of women is very pitiable in multi-cultured and vibrant country like India, different religious sections have their own different religious laws such as Shariyat, The Hindu Marriage Act, and the Hindu Succession Act. All, these laws, are heavier to men and it is the women who suffers the most due to these various Personal laws Here are some ways through which Uniform Civil Code could impact women some of them are –

Equality: One of the key objectives of the UCC is to ensure equality before the law for all citizens, regardless of their gender, custom, or religion. This would be a significant step towards addressing the discrimination that women face under personal laws based on religion.

Marriage and Divorce: Currently, the age of marriage, divorce, and maintenance for women are governed by several religions as per its own. The UCC would provide a set of uniform legal framework for these issues, which could help in preventing child marriages and would also ensure equal rights in divorce and maintenance proceedings.

Inheritance: Inheritance laws under personal laws based on religion often favour men, denying women equal share of property. The UCC would disseminate equal inheritance rights, which would be a significant step to promote women's economic empowerment.

Uniformity: Personal laws based on religion often vary widely, depending on the religious community. This can make it difficult for women to navigate the legal system and exercise their rights. A UCC would provide a common legal framework, making it easier for women to understand and assert their legal rights.[6]

Several Judgements Of The Supreme Court Related To Uniform Civil Code

Since the UCC is merely a proposed legal framework in India, currently, there is no specific judgment related to it. However, there have been several instances related to personal laws where the SC has expressed the dire need of the UCC. Here are some examples:

Ahmed Khan v. Shah Bano:[7] The judgment is often referred as Shah Bano judgment. In this case, the SC had ruled that a divorced Muslim woman was entitled to maintenance from her former husband under the provisions of the Indian Penal Code, which applies to all citizens regardless of their religion. However, this ruling met with widespread protests from Muslim groups who argued that it violated their personal law. Eventually, the government passed a legislation, that exempted Muslim men from the obligation to pay maintenance to their divorced wives, to quell the protest. This judgment was the first case to highlight the need for a UCC to ensure equal treatment of women under the law, regardless of their religion. [8]

Sarla Mudgal v. Union of India:[9] In this case, the SC observed the loophole in law and find that a Hindu husband was converted to Islam solely for the purpose of marrying to a second wife without divorcing his first wife. The Court found the husband guilty of bigamy under the Hindu Marriage Act and noted that there was no provision in Muslim personal law that allowed a Muslim man to marry a second wife without obtaining a divorce from his first wife. This case pressed the need for a common legal framework to regulate matters such as marriage and divorce, which are currently governed by personal laws based on religion.[10]

John Vallamattom & Anr. V. Union of India:[11] In this case, the SC upheld the fundamental rights, a uniform right over personal laws. The SC held that a Christian priest who had been dismissed from his position by the Church had the right to challenge his dismissal in a civil court under the provisions of the Constitution. The Court noted that while the Church had the right to regulate its internal affairs, it could not violate the fundamental rights of its members. This case desired the implementation of the UCC to ensure all citizens have access to civil courts and can exercise their fundamental rights, regardless of their religion. [12]

These abovementioned judgments demonstrate the present challenges and limitations of personal laws based on religion and underscore the need for a common legal framework that ensures equal treatment of all citizens, irrespective of their religion. The UCC would provide a modern and uniform legal framework that is more relevant

to contemporary Indian society and promotes social harmony and national unity.[13]

Future Of the Uniform Civil Code In India

The future of the ICC in India still remains uncertain and controversial since it aims to replace personal laws based on religion with a common legal framework for all citizens of India. The UCC has been a subject of continuous debate and discussion in India for several decades, with proponents arguing that it is necessary to ensure gender equality and social justice, while opponents argue that it would infringe upon religious freedom and lead cultural vibrancy to homogenization.[14]

Here are some potential scenarios for the future of the UCC in India:

Implementation: The Indian government may decide to implement the UCC, either through legislative action or through a directive from the SC. This would require extensive consultation with religious communities and civil society organizations, as well as a comprehensive legal framework that takes into account the diversity of India's cultural and religious landscape.

Resistance: Religious groups that oppose the UCC could resist its implementation, either through protests or legal challenges. This may also lead to social and political unrest, and become protracted legal battle that could delay or even prevent the implementation of the UCC.

Limited reforms: The Indian government may also introduce limited reforms to personal laws based on religion, rather than a comprehensive UCC. This may also involve amendments to existing laws to address issues such as gender discrimination, child marriage, and polygamy. This approach seems appealing to society. However, this approach would not address the broader issues of legal pluralism and cultural diversity that the UCC seeks to address.

Status quo: The Indian government may choose to maintain the status quo and continue to allow personal laws based on religion to govern matters such as marriage, divorce, and inheritance. If this approach remains, it would perpetuate the inequalities and injustices inherent in these laws and is unlikely to promote social cohesion or gender equality.

In summary, the future of the UCC in India remains uncertain, and its implementation will require extensive consultation, legal framework, and political will. While the UCC has the potential to promote gender equality and social justice, its

implementation will need to be sensitive to India's cultural and religious diversity and ensure that the rights of all citizens are protected.

Conclusion

The implementation of the UCC in India would require extensive consultation with religious communities and civil society organizations, as well as a comprehensive legal framework that takes into account the diversity of India's cultural and religious landscape. While the UCC has the potential to promote gender equality and social

justice, its implementation is also expected to be sensitive to India's cultural and religious diversity and ensure that the rights of all citizens are protected.[15]

At the same time, it is important to recognize that personal laws based on religion have perpetuated inequalities and injustices for women and marginalized communities. The UCC would ensure a modern and uniform legal framework, a more relevant tool for contemporary Indian society to protect and promote social harmony and national unity.

Therefore, the UCC and its implementation require a delicate balance between protecting individual rights and promoting the greater good of society. It is hoped that a constructive dialogue and inclusive approach will pave the path for a UCC that is fair, just, and equitable for all citizens of India.[16]

References:

1. The Constitution of India ,1950.

2. Uniform Civil Code (ARTICLE 44 OF THE CONSTITUTION) A DEAD LETTER, Shabbeer

Ahmed, The Indian Journal of Political Science, vol IXVII, No.3.

3. DD Basu’s Constitution of India.

4. https://www.latestlaws.com/bare-acts/central-acts-rules/family-laws [accessed on 18/06/2024].

5. https://core.ac.uk/download/pdf/236436703 [accessed on 18/06/2024].

6. https://www.tribuneindia.com/news/comment/uniform-civil-code-necessary-for-gender-

justice-467391 [accessed on 20/06/2024].

7. https://www.latestlaws.com/bare-acts/central-acts-rules/family-laws [ accessed on 19/06/2024].

8. SCC 556 = AIR 1985 SC 945.

9. https://www.tribuneindia.com/news/comment/uniform-civil-code-necessary-for-gender-