UNIFORM CIVIL CODE

The Uniform Civil Code (UCC) is enshrined in Article 44 of the Constitution of India, aimed at securing a uniform set of personal laws for all citizens, irrespective of their religious affiliations. It falls under the Directive Principles of State Policy and seeks to address matters such as marriage, inheritance, maintenance, guardianship, succession, and adoption. UCC aims to provide equal status to all citizens by ensuring that everyone is governed by the same set of civil laws, irrespective of their religion, caste, or community

HISTORICAL BACKGROUND

1. Pre-Independence Period

• Discussions around uniform laws date back to the pre-colonial era, with considerations in the Lex Loci Report of 1840.
• However, personal laws remained outside the ambit of unification, and the Queen's Proclamation in 1859 promised non-interference in personal laws.

2. Post-Independence Period

• The period from 1947 to 1985 saw continued deliberations on the UCC, with prominent figures like Pt. Jawaharlal Nehru and Dr. B.R. Ambedkar advocating for its establishment.
• Despite opposition from religious leaders, it was eventually included in the DPSP.

SIGNIFICANCE OF UCC

1. Uniform Principles

• UCC would establish uniform principles for aspects like marriage, divorce, and succession, eliminating conflicts and contradictions in various personal laws and providing citizens with clear guidelines.

2. Promotion of Secularism

• Implementing one set of laws for personal matters regardless of religion upholds true secularism, ensuring equality and neutrality in governance.

3. Protection of Rights

• UCC would protect vulnerable sections of society, particularly women, from discriminatory practices prevalent in certain personal laws, ensuring their right to a dignified life and control over their own bodies.

4. Administrative Ease

• UCC would simplify administration by providing a single legal framework for a diverse population, streamlining legal processes and reducing bureaucratic complexity.

5. National Integration

• UCC would contribute to national integration by removing conflicting legal ideologies and promoting unity among citizens.

MAJOR CASES RELATED TO UNIFORM CIVIL CODE

1. Shah Bano Begum v. Mohammad Ahmed Khan (1985)

• In this landmark case, the Supreme Court upheld the right of a Muslim woman to claim maintenance from her husband under Section 125 of the Criminal Procedure Code, even after the expiry of the Iddat period.
• The court also observed that implementing a UCC would help in removing contradictions based on ideologies and promote national integration.

2. Sarla Mudgal vs. Union of India (1995)

• This case highlighted the issue of fraudulent conversions and bigamous marriages by Hindu husbands who converted to Islam.
• The Supreme Court held that a Hindu husband cannot convert to Islam and marry another woman without dissolving his first marriage.
• It emphasized the need for a UCC to prevent such fraudulent conversions and ensure uniformity in personal laws.

3. Pannalal Bansilal Patil v. State of Andhra Pradesh (1996)

• The Supreme Court observed that while a uniform law is desirable, its enactment should be gradual and progressive.

4. John Vallamattom and Ors. v. Union of India (2003)

• The Supreme Court held that matters of a secular nature like marriage cannot be brought under the guarantee of religious freedom.

5. Shayara Bano v. Union of India (2017)

• In this case, the Supreme Court declared the practice of triple talaq (Talaq-e-Biddat) as unconstitutional and violative of the dignity and equality of Muslim women.
• The court recommended that the Parliament should enact a law to regulate Muslim marriages and divorces, thereby indicating the necessity of reforms in personal laws and the potential role of a UCC in ensuring gender justice and equality.

POSITION OF STATES

States like Gujarat, Madhya Pradesh and Assam have expressed their willingness to follow the UCC, none have officially adopted it.

• Uttarakhand Assembly creates history by passing Uniform Civil Code
• The state had become the first legislature in independent India to pass a Bill that imposes common rules for all communities — except Scheduled Tribes — on marriage, divorce, inheritances, and live-in relationship

KEY FEATURES AND IMPLICATIONS OF THE UTTARAKHAND (UCC) BILL

1. Tribal Communities Exempted

• The Bill exempts tribal communities from its purview, acknowledging their unique customary practices and concerns.

2. Regulation of Live-in Relationships

• The Bill aims to regulate live-in relationships by mandating registration and imposing penalties for non-compliance.
•  It ensures legal recognition and maintenance rights for partners in such relationships.

3. Legal Recognition of Children Born Out of Wedlock

• Abolishing the concept of illegitimate children, the Bill extends legal recognition to children born in void and voidable marriages, as well as those born in live-in relationships.

4. Prohibition of Bigamy or Polygamy

• The Bill prohibits bigamy or polygamy, ensuring that neither party has a living spouse at the time of marriage.

5. Registration of Marriages

• Marriages must be compulsorily registered within 60 days, with penalties for non-registration.

6. Equal Rights in Divorce Proceedings

• Men and women are accorded similar rights in divorce proceedings, with provisions for judicial separation and divorce on mutual consent.

7. Criminalization of Muslim Personal Law Practices

• Practices like nikah halala and triple talaq are criminalized under the Bill, ensuring equal rights and protections for Muslim women.

8. Inheritance

• Equal property rights are guaranteed for sons and daughters across all classes, abolishing the coparcenary system prevalent under the Hindu Succession Act, 1956.

9. Exclusion of LGBTQIA+ Community

• The Bill does not recognize queer relationships, limiting its scope to heterosexual partnerships.

ARGUMENTS FOR IMPLEMENTING UCC

1. Constitutional Mandate of Equality

• Proponents argue that implementing UCC fulfills the constitutional mandate of equality, as prescribed by Article 44 of the Directive Principles of State Policy (DPSP).
• This would ensure equal treatment under the law for all citizens, regardless of religion, class, caste, or gender.

2. Promotion of Gender Justice and Equality

• UCC can help eliminate discriminatory practices related to marriage, divorce, and inheritance found in various religious personal laws.
• For example, despite reforms like the Hindu Succession (Amendment) Act, 2005, which granted daughters equal inheritance rights, similar reforms have not been universally adopted across all personal laws.

3. Strengthening National Integration

• UCC reinforces the idea of one nation, one law, promoting a unified Indian identity among the diverse population.

4. Societal Reforms

• Implementing UCC would challenge patriarchal norms present in various religious practices, particularly concerning the status of women, leading to societal reforms.

5. Simplification of Legal Matters

• UCC would streamline legal procedures governed by different personal laws, leading to faster case resolution and reducing the burden on the judiciary.

6. Reflective of Progressive Jurisprudence

• UCC aligns with the progressive jurisprudence exercised by the Supreme Court in cases related to gender and inter-religious equality, such as the Shah Bano case (1985) and the Triple Talaq case (2017).

7. Precedent of Successful Implementation

• Proponents cite the example of Goa, where a Uniform Civil Code has been successfully implemented, demonstrating its feasibility and effectiveness.

ARGUMENTS AGAINST IMPLEMENTING UCC

1. Violation of Fundamental Right to Religious Freedom

• Critics argue that UCC infringes upon the fundamental right to religious freedom guaranteed by Article 25 of the Constitution.
•  It also undermines the right of communities to preserve their distinct culture, as protected by Article 29.

2. Diverse Personal Laws and Customary Practices

• Enforcing uniformity would interfere with the diverse personal laws and customary practices followed by different communities in India, potentially leading to cultural erosion.

3. Threat to India's Cultural Diversity

• UCC could homogenize laws and pose a threat to India's multicultural ethos, including the cultural practices of Scheduled Tribes and other communities.

4. Existence of Secular Laws

• Critics argue that secular laws already exist, applicable to all citizens regardless of religion, such as Section 125 of the Criminal Procedure Code and the Domestic Violence Act, rendering UCC unnecessary.

5. Imposition of Hinduised Code

• Some fear that UCC might impose a Hinduised code on all communities, forcing them to adhere to Hindu practices in matters of marriage, divorce, and inheritance.

6. Placement of Personal Laws in Concurrent List

• Constitutional experts argue that the placement of personal laws in the Concurrent List suggests that total uniformity was not intended by the framers of the Constitution.