Uniform Civil Code

 

Introduction

The idea of a Uniform Civil Code (UCC) has been a part of political and legal discussions (debate) for a long time. Even before the Indian Constitution was drafted, discussions about a common civil law existed. The Supreme Court has repeatedly emphasized the need for a UCC (highlighted the importance of having a UCC). 

Goa's common family law: Recently, the Supreme Court praised Goa as a great example because it has a common family law that applies to everyone, no matter their religion. 

Additionally, the 21st Law Commission presented a consultation paper on family law reforms in India.

What is the Uniform Civil Code?

A Uniform Civil Code aims to create one law for the entire country, applicable to all religious communities in personal matters like marriage, divorce, inheritance, and adoption. It seeks (aims) to ensure equality not just between religions but also between men and women within communities.

In 1941, the BN Rau Committee recommended codifying Hindu laws to give equal rights to women.

The Constituent Assembly had mixed opinions on UCC. Some believed UCC could exist alongside personal laws, while others thought it would completely replace personal laws. Some feared it would limit religious freedom.

Due to these disagreements (confusions), UCC was included in Article 44 as a Directive Principle of State Policy rather than a Fundamental Right. Article 44 states that the government should work towards implementing a Uniform Civil Code across India. 

Historically, the codification of personal laws has faced protests. For example, the Hindu Code Bill, an important social law, faced huge opposition.

Why is the Uniform Civil Code Needed? (Need for Uniform Civil Code)

Right now, different communities in India follow their own personal laws. Hindus have laws like the Hindu Marriage Act of 1955, Hindu Succession Act of 1956, Hindu Adoption and Maintenance Act of 1956, and Hindu Minority & Guardianship Act of 1956. Muslims, Parsis, and Christians also have their own separate laws.

Even within a religion, rules vary by region. Example: Muslim marriage registration was compulsory in J&K (1981) but optional in Bihar and Bengal (1876).

Personal laws often violate constitutional equality. A Uniform Civil Code would bring clarity, simplicity, and understanding to personal laws.

Goa’s Example: Goa follows the Portuguese Civil Code (1867), which applies to all residents equally. A Muslim man in Goa cannot practice polygamy. Married couples share property equally, they ensure equal asset division upon divorce.

Benefits of Uniform Civil Code

Bring clarity, simplicity: It would bring clarity, simplicity, and intelligibility to personal laws. In the 2018 case Indian Young Lawyers Association v. State of Kerala, the Supreme Court said personal or customary laws fall under Article 13, meaning they can’t override the Constitution’s goals of dignity, liberty, and equality.

National Integration: It would promote national integration by separating religion from social relations and personal laws, ensuring equality and harmony.

Gender Equality: It would promote gender justice by eliminating discriminatory provisions in personal laws. For example, under Hindu law, daughters were denied birthrights in joint family property, as they were seen as temporary members of their paternal family. Islamic law generally gives men twice the inheritance share of women. Under Muslim law, the father is the sole guardian of a minor child’s person and property

Freedom of Choice:  It would protect freedom of choice, especially in inter-caste and inter-religious marriages. The Special Marriage Act, 1954 already allows civil marriages outside specific religious personal laws.

UCC: Supreme Court's Judgments Since 1985

The Indian judiciary has significantly influenced the debate on the Uniform Civil Code.

Indian Young Lawyers Association v. State of Kerala (2018): Personal laws come under Article 13, meaning they must follow the Constitution.

In the Shah Bano Case, the Court stated that a common civil code would help national integration by resolving conflicting ideologies.

In the Sarla Mudgal Case, the Court noted that since over 80% of citizens are under codified personal laws, thus It is unjustified to leave some (rest 20%) citizens under unregulated personal laws.

In the John Vallamattom Case, the Court expressed regret that Article 44 had not been implemented, emphasizing that a common civil code would aid national integration by removing ideological contradictions.

Challenges in Implementing UCC

Existence of legal pluralism in civil laws: India already has uniform codes (laws) for many civil matters, like the Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, and Evidence Act. However, states have amended these laws many times, creating diversity (variations) even in secular laws. (have made amendments)

Contradictory (Conflicting) provisions of the Constitution: Articles 371 (A) to (I) and the Sixth Schedule of the Constitution give special protections or exceptions to states like Assam, Nagaland, Mizoram, Andhra Pradesh, and Goa regarding family laws. While Article 44 pushes for (envisions) uniformity in personal laws, the fact that personal laws are on the concurrent list (where both central and state governments can make laws) shows an intent to protect diversity. 

Plurality and diversity: Some say a UCC threatens India’s diverse society, where people strongly believe in their own religious rules and traditions. In 2018, the Law Commission of India said a (stated that) UCC isn’t “necessary or desirable” right now (UCC is neither necessary nor desirable at this stage). They argued that secularism doesn’t mean erasing differences—it means letting different cultures live together peacefully. When making a UCC, lawmakers must ensure that cultural diversity isn’t harmed so much that it threatens India’s unity.

Indian Secularism: In a case, the Supreme Court said Indian secularism is about recognizing and preserving diverse people with different languages and beliefs, uniting them as one nation. A UCC might clash with this idea of multiple identities coexisting under a national identity.

Issue of Drafting the UCC: A major challenge, besides getting everyone to agree, is figuring out how to write the UCC. There’s no clear plan—should it mix all personal laws together or create a new law that follows the Constitution?

Concerns of Minorities: Minorities worry about separatism, resistance to change, and misunderstandings about personal laws. Many feel a UCC would bring insecurity, loss of identity, marginalization, and force a majority viewpoint onto minority religions.

The Way Forward

Implementing UCC requires careful consideration and inclusive dialogue. Some possible approaches include:

1. Gradual reform: Introducing changes step-by-step rather than a sudden overhaul.

2. Consensus building: Engaging all stakeholders in discussions to address concerns and find common ground.

3. Focus on common principles: Identifying shared values across communities as a basis for the code.

4. Opt-in system: Allowing citizens to choose between personal laws and UCC.

Conclusion

The government has tried to move toward a UCC through various general laws since 1954, like those allowing civil marriages, banning dowries, protecting women from domestic violence, and preventing child marriages. 

Progress has been slow because it’s hard to get everyone to agree. However, there’s still plenty of room to create more laws that apply to everyone, regardless of religion or personal laws. 

A broad survey should be conducted to understand the concerns of different communities. UCC should be an inclusive law that upholds gender equality and non-discrimination. Public awareness and open discussions are necessary to move towards a fair and inclusive UCC for all Indians.