Uniform Civil Code

The concept of a Uniform Civil Code (UCC) has been a topic of intense debate and controversy in India for a long time. The UCC suggests having a uniform set of regulations governing personal matters such as marriage, divorce, inheritance, and adoption across all religious communities. Although this idea holds the potential to promote secularism and equality, there are also challenges to its implementation. In this article, we will delve into the background, current scenario, and different perspectives surrounding the Uniform Civil Code in India.

As mentioned earlier UCC, is envisaged to provide for one law for the entire country, applicable to all religious communities in their matters such as marriage, divorce, inheritance, adoption, etc.  Article 44 of the Constitution lays down that the state shall endeavor to secure a UCC for the citizens throughout the territory of India and this article is one of the Directive Principles of State Policy (DPSP), the set guidelines that need to be followed by the government of India for the country’s governance. The purpose behind Article 44 is to strengthen the object of a secular democratic republic as enshrined in the Preamble of the Constitution. 

The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification. An increase in legislation dealing with personal issues at the far end of British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941. Based on these recommendations, a bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate succession, among Hindus, Buddhists, Jains, and Sikhs. However, there were separate personal laws for Muslims, Christians, and Parsis. To bring uniformity, the courts have often said in their judgments that the government should move towards a UCC. The judgment in the Shah Bane case (1985) is well known. The Sarla Mudgal Case (1995) dealt with the issue of bigamy and conflict between personal laws relating to marriage that practices such as triple talaq and polygamy adversely impact the right of a woman to a life of dignity, the Centre has raised the question of whether constitutional protection given to religious practices should extend even to those that are not in compliance with fundamental rights Simplification of Laws: A Uniform Civil Code will simplify the complex around marriage ceremonies, inheritance, succession, adoptions, making them one for all. The same civil law will apply to all citizens irrespective of their faith. 

The current legal system in India permits many religious communities to operate under their own private rules, which frequently leads to discriminatory practices against women, especially when it comes to divorce, maintenance, and inheritance. Under UCC, gender bias would be eradicated and equal treatment under the law would be guaranteed for all individuals, regardless of their religious background. UCC is also regarded as an essential step in bridging religious barriers to promote a feeling of national cohesiveness and unity. India can fortify the ideas of unity in variety and bolster its secular credentials by substituting a unified civil code for various personal laws.

Given the potential advantages, there are a lot of legal and political obstacles to overcome before a UCC can be put into place. Religious and conservative organizations' opposition, which sees the UCC as an encroachment on their right to religious freedom and cultural autonomy, is one of the main challenges. They contend that personal laws ought to be upheld since they are an essential component of their religious identity. Furthermore, there are complicated political dynamics around the UCC issue, with political parties frequently using religious feelings as a political football. Any attempt to enact UCC is greeted with vehement opposition, with opponents charging the government of hatching a plot to force the nation to adopt the worldview of the Hindu majority. The decision on this policy problem should be left to the elected representatives of the people, and the court cannot provide any instructions in this matter. It is the legislature's responsibility to determine whether or not to pass a bill. The Law Ministry asked the Law Commission to investigate numerous UCC-related concerns and provide recommendations by carefully examining the intricate and nuanced personal laws that govern different communities. In August 2018, the 21st Law Commission published a consultation document entitled "Reform of Family Law." However, the tenure of the 21st Law Commission ended in August 2018.

The intricate relationship between politics, religion, culture, and the law is embodied in the Indian dispute over the Uniform Civil Code. Several states, including Madhya Pradesh, Assam, Haryana, Maharashtra, Uttar Pradesh, and Gujarat, have shown interest in implementing a UCC.  Besides Uttarakhand, only Goa had UCC which was implemented by the Portuguese in 1867.

 Although there may be obstacles in the way of its implementation, the Constitution's tenets of justice, equality, and secularism require that this matter be given careful thought. A well-written Uniform Civil Code has the power to preserve individual liberties, advance gender parity, and enhance unity within the country. To achieve the truly egalitarian and inclusive society that the Indian Constitution's authors envisioned, legislators, officials, and the general public must have constructive conversations and strive toward a consensus-driven strategy.  

Reference : 

https://www.lawinsider.in/columns/concept-of-uniform-civil-code

https://www.criminallawjournal.org/article/67/4-1-13-452.pdf/

https://www.legaljourney.in/post/uniform-civil-code-a-necessity 

https://lawbhoomi.com/uniform-civil-code-in-india/