Uniform Civil Code (UCC)
Yes! You are right, we are going to discuss the Uniform Civil Code (UCC), which has become the most controversial and debatable topic nowadays. It is essential to answer questions like: why should every woman in the country be granted equal maintenance rights? Why should bigamy be punishable in every religion? Why must the age of a child be fixed unanimously? Discussing these questions is necessary for a better future and for the implementation of the UCC.
One of the famous jurists, Savigny, propounded the “theory of law”, which states that law is not created by a sovereign but rather emerges organically from the “common consciousness” or “spirit of the people”—known as Volksgeist. This means laws should reflect the whims, desires, and needs of the people. But does this become a restriction in the way of UCC? We all know that humans can be selfish, and if we make laws solely based on our wishes, it could reflect selfishness and harm the nation. All personal laws are a reflection of the will of the people, some of which create chaos or are derogatory for society—such as “Triple Talaq” or “Bigamy”.
In the present scenario, considering developments in many other countries, we should also implement a Uniform Civil Code in the Indian subcontinent to ensure uniformity across all religions.
What is Uniform Civil Code?
The Uniform Civil Code is basically a set of laws that will govern all personal matters like marriage, divorce, succession, etc. The main aim of implementing the UCC is to establish a secular legal framework for all personal issues.
Uniform Civil Law in India
India is known for its characteristic “Unity in Diversity”. It is a blend of various religions, languages, and traditions coexisting harmoniously. There are many laws like the IPC and CrPC which are uniformly applicable across the country. However, personal laws based on religion and customs form an exception to this uniformity.
For instance, within Hinduism itself, there are more than 33 types of gods worshipped. Despite all these differences, our Constitution claims that India is a secular country. But in reality, different laws exist based on religion. Shouldn’t we separate laws from religion to ensure uniformity of law for every citizen?
Need for Uniform Civil Law
Preamble
As per our Preamble, India is a secular state, which means the state does not recognize any religion. However, different laws continue to govern different religious groups, lacking uniformity in personal matters.
Implications of Article 44
Article 44 of the Constitution mandates the state to endeavor to secure a Uniform Civil Code for all citizens.
Article 14
Article 14 ensures that there should be no discrimination based on caste, color, sex, or religion. However, under the current system of personal laws, inequality exists. For example:
- Bigamy: Prohibited in Hindu law, but Muslim men are allowed to marry up to four times. This is unjust and cruel to the women of our nation.
According to the Needs of Contemporary Society
All personal laws in India divide citizens. There are different laws related to succession, maintenance, and divorce across religions, which are often misused for personal benefits.
For Growth of the Nation
If the UCC is implemented, it will ensure uniformity in personal matters, eliminating the need for multiple personal laws. For instance, Section 125 of CrPC could apply uniformly to all, irrespective of religion.
History of UCC
Pre-Constitutional Era
Earlier, Hindus were governed by Shastra or Smritis, while Muslims followed Shariat law. Pandits and Kazis implemented these as per customs. With the arrival of the British, English common law was applied to English subjects, and courts were established. However, complications arose when these laws had to be applied to Indian subjects.
This led to the creation of new personal laws and the emergence of multiple laws for different religions, such as:
- Hindu Widow’s Remarriage Act, 1856
- Shariat Act, 1937
Constituent Assembly
During the drafting of the Constitution, there was a heated debate about the UCC. Some members supported it, while others opposed it. Eventually, UCC was adopted as a Directive Principle of State Policy under Article 44 with a narrow majority of 5:4.
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” — Article 44
Post-Independence Developments
After independence, the government decided to begin implementing the UCC by reforming Hindu laws. This led to the enactment of:
- Hindu Marriage Act, 1955
- Hindu Succession Act, 1956
- Hindu Minority and Guardianship Act, 1956
Role Of Judiciary In Advocacy For UCC
- State of Bombay v. Narasu Appa [1952]: A man was convicted for bigamy under the Bombay Prevention of Bigamous Hindu Marriages Act. He challenged this act on the ground that it was against his personal law because his personal law permitted him to remarry if he had no child with his first wife. The Court declared this act valid.
- Mohd Ahmed Khan v. Shah Bano Begum [1985]: Shah Bano was divorced after 40 years of marriage, so she claimed maintenance under Section 125 of CrPC, which was challenged by her husband. The Court held that even Muslim women are equally entitled to maintenance under Section 125 of CrPC.
- Shayara Bano v. Union of India: In this case, Shayara Bano challenged the constitutional validity of triple talaq, halala, and polygamy on the ground that they are derogatory. The Supreme Court declared triple talaq unconstitutional.
- 21st Law Commission Report: It stated that UCC is “neither necessary nor desirable” at this stage. It also stated that we have to respect each and every religion and cannot impose one on another. We can make changes in personal laws to preserve diversity.
Conclusion
There is a proverb which says “कोस-कोस पर बदले पानी, चार कोस पर वाणी“, this describes Indian culture, traditions, and differences very well. So, the question remains whether the application of UCC will be good for India or will it ruin this stunning mixture of diversity which has unity in itself.
In my opinion, faith should be separated from law so we can establish a secular law and dream of a nation where no one is differentiated on grounds of religion and beliefs. We must believe that UCC will neither ruin our customs nor destroy diversity. It will only remove all the derogatory and discriminatory laws that prevail in personal laws, such as triple talaq and bigamy. Our Constitution is supreme, and every law should be changed according to the Constitution.
