Uniform Civil Code (UCC) in India: A Legal Perspective
Uniform Civil Code (UCC) in India A Legal Perspective
Uniform Civil Code (UCC) in India: A Legal Perspective. The Uniform Civil Code (UCC) is a provision enshrined in Article 44 of the Directive Principles of State Policy in the Constitution of India, which reads:
“The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
The UCC aims to substitute personal laws derived from the scriptures and customs of each of India’s major religious communities with a uniform set of laws applicable to all citizens. It would cover civil affairs like marriage, divorce, adoption, inheritance, and succession. This change is based on the constitutional vision of equality and secularism, which would ensure that all citizens, regardless of religion, are subject to the same uniform set of civil laws.
Historical and Constitutional Background
The founders of the Indian Constitution discussed the concept of a UCC quite at length. Thinkers such as Dr. B.R. Ambedkar were in support of a common civil code as a way to unify the country legally and ensure equality, particularly gender equality. But, owing to the sensitive religious diversity of the time of independence, UCC was subjected to the Directive Principles, which renders it non-justiciable, i.e., not enforceable by the courts but a guiding principle for administration.
India today has a pluralistic legal system in personal affairs:
Hindus, including Sikhs, Jains, and Buddhists, are regulated by the Hindu Marriage Act, Hindu Succession Act, etc.
Muslims have Shariat-based personal laws, which are to a limited extent codified through the Muslim Personal Law (Shariat) Application Act, 1937.
Christians and Parsis also have personal laws.
This pluralism of laws results in inconsistencies in the rights of people, especially women, based on their religion.
Judicial Pronouncements
Indian courts have consistently upheld the concept of UCC to enforce the constitutional principles of equality and non-discrimination. In a number of landmark judgments, courts have underlined the necessity of a uniform body of civil laws:
Shah Bano Case (1985): The Supreme Court held in favor of the right to maintenance of a Muslim woman who was divorced under Section 125 CrPC, and reiterated the necessity for a UCC to provide justice to women.
Sarla Mudgal v. Union of India (1995): The Court decried religious conversion with an ulterior motive to commit bigamy and reaffirmed the requirement of a UCC.
Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019): The Court recognized Goa’s Uniform Civil Code as an example and observed that no community is prejudiced by it.
Goa: A UCC in Practice
Interestingly, Goa is the sole Indian state that adheres to a uniform civil code in the form of the Goa Civil Code, a remnant of Portuguese law. It applies to all communities uniformly in the fields of marriage, divorce, and succession. Goa is frequently used as proof that a UCC is not merely feasible but already in operation within the Indian system.
Arguments For and Against
In favor of UCC:
- Fosters equality before the law, particularly in gender rights.
- Enhances national integration by removing fragmentary laws.
- Streamlines and modernizes civil laws.
- Aligns with constitutional ideals of secularism and equality.
Against UCC:
- Seen as an intrusion into religious freedom (Article 25).
- Minority fear of majoritarian dominance.
- Cultural and regional diversities make uniformity hard to achieve.
- Apprehensions about political motivations behind its enactment.
Recent Developments
The UCC debate has intensified over the last few years. State governments and legal professionals have suggested the preparation of a UCC, and Law Commissions (the 21st Law Commission in particular) have extensively examined the question. In 2023, the 22nd Law Commission again requested public opinion regarding the viability of adopting a UCC, showing the continuous legal and social debate.
Conclusion
The Uniform Civil Code is still an evolving and intricate question in Indian constitutional law. While it has the potential for uniformity, equality, and justice, its enforcement will involve fine balancing of rights of individuals, religious freedoms, and social change. The introduction of any step towards UCC should go hand in hand with broader consultation, inclusive debate and a comprehensive understanding of the socio-religious diversity of India. Uniform Civil Code (UCC) in India: A Legal Perspective
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