What is Uniform Civil Code (UCC)?

In layman's term, we can understand by the UCC that - there are set of laws that will replace the laws or acts that govern over marriage, divorce, inheritance, and adoption by different personal laws for various religious communities in India.

The Idea Of UCC.

It is deep embodied in past dated back to British Raj and as latest as the formation of the constitution. Article 44 for which falls under Directive Principles Of State policy clearly mentions(as a recommendation)that, a state can secure UCC for it's citizen thought the Indian Territory. The UCC also falls under the category of civil laws, which are often written, in the name of 'faith for religion'.

Who Can Implement The UCC?

While, it is not yet solidify that only one particular legislature ( central gov. or state gov.) can implement the law. However the only UCC in currently implemented and working in India is Goa Civil Code that is working since the arrival of Portuguese there. Several attempts have been made by Uttarakhand Gov. to implement the same, which is now approved by the President(the section 2 of the bill make it un-applicable on Schedule Tribes). So it's a clear cut that a state can surely introduce the UCC, and is so done by Uttarakhand.

Judicial Intervention.

The very know Shah Bano case of 1985 where court upheld the right for maintenance is also applicable to Muslim and drawn an appeal for UCC . Next is Ms. Jordan Diengdeh vs S.S. Chopra on 10 May, 1985, where the wife seeks the nullify the marriage, however finding some inconsistencies with the divorce law the court also recommended the idea of UCC. Followed by case of Smt. Sarla Mudgal, President, Kalyani & Ors. v. Union Of India & Ors., which deals with history of family and matrimonial cases in India, this provided new expression of 'void' under section 494 of IPC ; pave the way for UCC and questioned it's delayed implementation.

UCC In Different Countries.

• France - 'CODE CIVIL' in 1804, which forms the common grounds to govern civil law and uniformity.
• Turkey - By replacing the Ottoman Civil Code, Turkey implemented its civil code in 1926. This modernized and secured family law, ensured equal rights for men and women, regulated marriage, and established inheritance laws. It is quite similar to what is discussed in Indian UCC.
• Tunisia - The UCC is referred to as 'Code Of Personal Status' where polygamy was abolished and legal equality was established between men and women.
• Rome - There is no specific sense of UCC (which we can call to compare and understand in the Indian context) developed, but there are laws that govern civil life, including status and property.

The Vision of Equality: Understanding the Uniform Civil Code (UCC)

The Uniform Civil Code (UCC) is a proposed set of laws designed to replace personal laws governing marriage, divorce, inheritance, and adoption across various religious communities in India. At its core, the UCC aims to establish a unified legal framework that transcends religious distinctions, ensuring equality and justice in civil matters for all citizens.

The Concept and Origin of UCC

The idea of a Uniform Civil Code is deeply entrenched in India's historical and constitutional evolution. Its roots can be traced back to the British colonial era, gaining prominence during the drafting of the Indian Constitution. Article 44, enshrined in the Directive Principles of State Policy, explicitly states that the state shall endeavor to secure a UCC for its citizens throughout the Indian territory. While not enforceable by law, this provision underscores the aspirational goal of achieving legal uniformity in civil matters. Historically, civil laws intertwined with religious doctrines have been a source of contention. The UCC seeks to create a secular, unified legal structure, replacing diverse personal laws with a single code that upholds the constitutional principles of equality and secularism.

Authority to Implement the UCC

The authority to implement the UCC—whether by the central or state governments—remains a matter of debate. However, precedents demonstrate that states, too, possess the constitutional power to introduce the UCC within their jurisdictions. A notable example is the Goa Civil Code, operational since the Portuguese colonial era, which exemplifies the benefits of a uniform legal framework. Recent initiatives, such as the Uttarakhand government's move to draft and implement a UCC, further highlight this authority. Approved by the President, Uttarakhand's legislation excludes Scheduled Tribes, reflecting the need for careful and nuanced application. These developments affirm that states can take the lead in pioneering the implementation of the UCC.

Judicial Advocacy for UCC

The judiciary has repeatedly underscored the necessity of a Uniform Civil Code through landmark judgments:

• Shah Bano Case (1985): The Supreme Court upheld a Muslim woman's right to maintenance, exposing disparities in personal laws and urging the government to implement the UCC.
• Ms. Jordan Diengdeh vs. S.S. Chopra (1985): This case revealed inconsistencies in divorce laws, prompting the court to recommend the adoption of a unified civil code.
• Smt. Sarla Mudgal v. Union of India (1995): Addressing complexities in family and matrimonial disputes, this case emphasized the urgent need for the UCC to prevent legal ambiguities and ensure justice.

Conclusion:
The Uniform Civil Code represents a transformative step toward achieving legal uniformity and social justice in India. Its implementation would harmonize the disparities created by diverse personal laws, reinforcing the constitutional ideals of equality and secularism. Although the path to nationwide adoption is fraught with challenges. The UCC is not merely a legal reform; it is a cornerstone for building a more inclusive and egalitarian society, which can be only done by careful considerations in the process of law making.