The Uniform Civil Code (UCC) is a concept which defines the unification of personal laws across all religions in the country. In India, where diverse religious and cultural practices exist from the earlier period, application of UCC has been a subject of considerable controversy and discussion. In this article we have an objective to delve into the consequences of implementing a UCC in India, apart from this we will also take a look at the potential advantages and disadvantages.
Historical Factors
There are many personal laws that exist in India which govern distinct communities. Those laws were based on religious beliefs and customs. These personal laws govern several aspects of individual lives, comprising marriage, divorce, inheritance, adoption etc.
Hindu personal laws were codified in the 1950s, whereas other religious communities proceed to follow their respective personal laws. At first, the concept of UCC was preserved in the Indian Constitution, with Article 44 directing the state to strive towards its implementation.
What is Article 44 - This is the article which talks about the UCC in the constitution. It sounds like one country, one rule, which applies to whole communities in the country irrespective of their culture and religion. The Uniform Civil Code is specified under Part IV, Article 44 of the Indian constitution that comes under the Directive Principles of State Policy. It guarantees that all Indian people must be protected by a uniform civil code across the country.
Uniform Civil Code Debate
In the historical point of view, the discussion for UCC divided in two periods which we have discussed below:
Pre-Independence (Colonial Era)
In October 1840 - The Lex Loci Report - This report discussed the importance of the codification of Indian law with regard to crimes, evidence, and contracts. Further, it is proposed that Muslim and Hindu personal laws be excluded from this codification.
The ”Queen’s 1859 Proclamation” This proclamation guarantees total neutrality in all religious affairs. Criminal laws were codified and applicable universally whereas personal laws are still governed by distinct codes for various communities.
Post-Colonial era (1947-1985)
Prominent figures like Jawaharlal Nehru and Dr. B.R. Ambedkar pushed for a unified civil code during the constitution's development. For this reason, UCC was included by the constituent assembly as Article 44 of the Directive Principles of State Policy (DPSP).
Issues Regarding the Implementing UCC
Against Diversity: This is a country that has huge diversity in each aspect. We have huge diversity in terms of practices, tradition, culture and religion. Each person wants to follow their religious practices but UCC could infringe religious freedom (given under Article 25 of the Constitution).
This will harm cultural and religious identities, as personal laws are strongly embedded as a way of life. That is why it is against the diversity of a democratic country.
Arbitrary in Nature: This creates social unrest because this concept is tried to be implemented without the approval and cooperation of all communities. It is Arbitrarily imposing on the people without their will.
Against the State’s Freedom: Several states have already announced that we can not approve it, because it is against the constitution of india. This will harm cooperative federalism by implementing it without the advice of the state’s government.
Relevant Case Law on UCC
There are many cases in which the supreme court talks about the union civil code. The few judgements of these kind are discussed below:
1. Ahmed Khan v. Shah Bano Begum (1985):
This case highlighted the need for uniformity in laws in order to achieve gender equality and justice. This order was given a landmark ruling at that time, it allows muslim women to take maintenance under section 125 of CrPC(Criminal Procedure Code). Before this judgement the muslim women were allowed to get maintenance for the iddat period only.
2. Daniel Latifi Case:
Danial Latifi was a case in which The Muslim Women's Act (MWA) challenged because it infringed the right to life (Article 21) and the right to equality (Articles 14 and 15).
The supreme court ruled that a wife should get enough money during the iddat period (even under section 125 of CrPC) to support her for now and in the future. Accordingly, a Muslim woman who has been divorced is entitled to maintenance under the law for the rest of her life or until she remarries.
3. Shayra Bano v. Union of India (2017):
Through the order of this case, the practice of talaq-e-bidat was abolished which was an instant and irrevocable talaq. It is followed through the Shariat Application Act of 1937 as an arbitrary practice. But after many years the supreme court decided that it is unconstitutional even though it does not come under the essential practice of islam. Hence, this order makes this practice illegal and crimilize it.
4. Sarla Mudgal and others v. Union of India and others (1995):
For the necessity of the time, the reformation is required under personal laws. It is important to prevent misuse of these laws. The same point of view, we can see in the Lily Thomas case (2000).
Constitutional provisions relating to religious freedom are given below:
The word “Secularism” in the preamble was added many years later in 1978. This is added by the “42nd Constitutional Amendment Act” which is also known as the “Mini Constitution” (because it amended many articles in the constitution). This was added after the judgement of “S.R. Bommai Case” which seems it is necessary to insert it in the preamble of the constitution.
Conclusion:
The Article 44 of the Indian constitution talks about the UCC in which it would be an ideal safeguard of citizens' rights. Major sections of the nation are against the implementation of UCC because they found it unconstitutional as it violates the rights of such communities. Constituent assembly while drafting the constitution inserted the clause of UCC but that time was not the ideal time to apply it. Finally, I would like to share my perspective that citizens that are belonging to different religions and denominations should be free to follow different property and matrimonial laws which describe the unity of the nation.
