'All communal dispute will be end, when Uniform Civil Code become brand
India is a democratic and secular country with no official religion. as a
result, an Uniform Civil Code in India is urgently needed since it will
eliminate partiality against any gender, caste, religion, or section of the
The implementation of Uniform Civil Code in India will help improve the
enforcement of existing laws for Indian citizens. the primary goal of Uniform
Civil Code in India should be to eradicate religiously motivated personal laws.
The Uniform Civil Code was first recognized in 1930, when all India women's
conference raised its voice in support of equal rights for women, regardless of
religion, in areas of marriage, divorce, and property inheritance.
This article is about the research on the challenges caused by the lack of a
Uniform Civil Code. It discusses the current difficulties confronting the
country and how distinct individuals are treated in accordance with their
respective laws. India is a huge, multilingual, and multireligious country
united by a strong sense of national identity.
Everyone today is subject to their own personal laws in terms of marriage,
succession, divorce, and other concerns. the term "secular" exists in the
preamble of the constitution, and because all citizens are allowed the right to
freely practise their religion, a secular state is one that does not interfere
with people's religious practises.
Indian secularism makes it difficult for the state to form alliances. religion.
Treat all citizens, regardless of religion, in accordance with "sarva dharma
sambhav." due to the lack of social development in Indian society, some scholars
have stated that the "Uniform Civil Code" [therefore UCC and so UCC is still an
issue of contention in Indian context] is not suited for application in Indian
According to the researcher, this is owing to the fact that India is a huge
country with a diverse range of cultures, faiths, and so on. UCC compliance
could be viewed as an unnecessary state law demand that would violate a variety
of religious and cultural practises. If UCC is implemented, tribe unification
will become a problem. many tribal tribes in India still desire to be guided by
their rituals. he potential of self-sufficiency secular procedural statutes and
other pieces of legislation give another exemption to this criterion. a
remarkable unanimity among the general public has recently been required to
impose a UCC across the country.
What is UCC?
The full form of UCC is Uniform Civil Code and it deals with the formulation of
one singular law for the whole nation which would deal the following aspects
like marriage, divorce, inheritance and adoption irrespective of the social,
cultural and religious background. In India, UCC is majorly discussed in the
context of religion that's why the term 'secular' or 'secularism' is repeatedly
connected with UCC.
The origin of Code dates back to the British Colonial era, when for the first
time the officials of the British government submitted their report in 1835,
which stressed on the need for the Uniformity in the codification of Indian laws
relating to crimes, evidence, and contracts. Specifically recommending that
personal laws of Hindus and Muslims be kept outside such codification.
Increase in the legislations dealing with personal issues in the far end of the
British rule created an immediate necessity for the government to form the B. N.
Rau committee to codify the Hindu law in 1941. The main objective of the
committee was to examine the question of the requirement of common laws. The
committee in accordance with scriptures, recommended a codified Hindu law, which
would give equal rights to women. In 1937 the act was reviewed and the committee
recommended a Civil Code of marriage and succession for Hindus.
Looking into the Indian Constitution, we find the presence of UCC under Article
44 of Directive Principles of State Policy (Part IV).
Article 44 states:
"The state shall endeavour to secure for the citizens a Uniform Civil Code
throughout the territory of India."
The main reason behind the inclusion of Civil Code in Article 44 was to address
the discrimination against vulnerable groups across country. However, it was
very vigilantly included in Directive Principles which ensured the suggestive
nature of UCC. The reason behind this instance of the Constitutional Assembly
was given by Dr B. R. Ambedkar (head of Drafting Committee), that the nation is
not ready to adopt Civil Code during the time of independence. It was
incorporated in the constitution as an aspect that would be fulfilled when the
nation would be ready to accept it and the social acceptance to the Uniform
Civil Code would be made.
Need for UCC?
India is a country of vast diversity with second largest population in the
world. People here are deeply rooted to their cultures, traditions and religion
in such a way that it's impossible to separate people from these aspects. So,
for respecting this traditional & religious diversity of masses, respective
personal laws were formulated by the eminent legal thinkers.
These personal laws are applicable on certain pre-defined groups to the legal
issues related to inheritance, succession, adoption, marriage, co-parenting,
obligation of sons to pay their father's debts, partition of family property,
guardianship and charitable donations. But because of the non-Uniformity and
complexity of these personal laws, multiple challenges have evolved in their
implementation, thereby creating the demand for civil code
Following are the multiple reasons which have been traced by the legal
researchers since the time of independence, regarding the need for UCC:
- Gender disparity arising out of separate laws for different religious
It is the sad reality of our Indian society that our traditions and beliefs
are patriarchal and misogynist in nature going on for perpetuity since the
Vedic period. Most of religions in India follow patriarchy with variance in
their degree. The most basic example being the personal laws of Hindus and
Muslims, where Hindu laws are somewhat more favourable for the women rights
as compared to the Shariat law of Muslims.
Due to these flaws and differences in various personal laws, a comparative
gender disparity has arisen not only between men and women but also among
the women professing different religions. These issues have been raised by
women multiple times like the Talaq-e-biddat or Triple Talaq issue.
- Personal laws creating a loophole in the legal system:
Personal laws are formulated in such a way to ensure their conformity to the
religious beliefs and practices where the majority opinion is held to be
correct. But there have been various visible instances where to maintain
this conformity of personal laws it directly gets in conflict with the
And in such a situation where, two valid laws of opposite nature are
applicable on the public simultaneously, it creates confusing situations for
the members of the legal fraternity as well as for the netizens in
determining to obey which law. And sometimes these personal laws give
acceptance to the mob lynching and female foeticide which are strong abusers
of human rights with no legal implications because of the tussle of personal
and constitutional laws.
- Aiding in the national integrity:
A pan India law formulated in respect of any matter like marriage or
succession, it would not only clear the gap between genders but would be
applicable to all people of the nation irrespective of their caste, creed,
race, gender and religion. When everyone is treated equally under law, it
creates a psychological impact on the minds of the subjects towards a
feeling of national integrity or nationalism.
A beautiful example can be cited from our armed forces where Uniformity of
martial rules is maintained for all the soldiers and officers irrespective
of their ranks, that's why their nationalistic feelings and readiness to
serve the country is much higher as compared to a normal citizen. With the
implementation of the UCC, a greater sense of belonging towards the nation
would automatically be developed in the minds of people.
- Curbing the vote bank politics:
Even after 75 years of independence, it is the dark reality of the Indian
politics, that people's vote here are still divided on the basis caste and
religion. Different political parties seek the votes for themselves by
providing proposals of personal laws in their election manifestos as a lure
for attracting votes of a particular community or religion.
Finding personal laws as an easy alternative to their problems, innocent
public give their vote to the ill motived politicians and thereby creating a
room for their vote bank politics. If the concept of Uniform Civil Code is
implemented, then it would definitely help in removing the vote bank
politics from our country.
- To promote Secularism:
In the preamble of our Indian constitution, our preamble includes many words
like sovereign, socialist, democratic, republic, etc one of the words is
'secular'. If we go with the literal meaning of this word it means 'not
connected with religious or spiritual matters' but in relation to our
constitution this word means that India as state would not prioritize any
specific religion for the country and its people.
The word secular was incorporated in the preamble in 1976 by the 42nd
Constitutional Amendment Act. In India we are currently practising
'selective secularism' under which we that we are secular in some areas but
not in others. But the need of the hour is for 'complete secularism' where
all the aspects are covered equally.
Issues faced in the implementation of UCC:
The concept and motive of the Uniform Civil Code appears to be a very much
pragmatic and rational way to govern things. Its implementation would help in
the resolution of the above-mentioned challenges for our legal system and for
the society as well. But it's not a piece of cake to implement UCC in case of
It faces multiple challenges in its practical implementation. Since we achieved
independence, various governments have passed on but none of them was successful
in implanting UCC at a pan-India level. The NDA alliance for the first time in
2015 proposed to implement UCC all over the country, however it is still a dream
not reality. In our country, only the state of Goa is there which has UCC in
force where every person is treated equally under law irrespective of their
Following are the possibly visible issues which we may face in the
implementation of UCC:
Goa ( an example of Uniform Civil Code )
- Religious orthodoxy of citizens: religion playing a dominant role in
India citizen's life, also has implications in the implementation of UCC.
There are some strict orthodox people in every religion who will defend
their religious beliefs at any cost, their prime duty is to stubbornly
follow their religious laws even though inequality is being caused due to
those laws. If UCC comes into force than it would make the personal laws to
vanish, which may face a huge backlash from these religious adherents. It's
basically an ever-going tussle between freedom of religion and the right to
equality both of which are provided an equal status in our constitution i.e.
- Copy-Cat of the Western Culture:
With the implementation of UCC, we will be just following the trajectory of
western countries and there would be nothing innovative of ours. As well as,
the cultural and religious scenario is much more diverse and complex as
compared to the western societies, maybe UCC is the not the exact solution
for the Indian case.
- Misconception of the aftermath of UCC:
There is a myth among the minorities that after the implementation of UCC,
it would lead to the by default convergence of minorities to follow or
adjust with the majority religion's belief. For example, in the present-day
India scenario the myth among minorities is that if a bill regarding UCC is
brought into the parliament by the NDA government than it would lead to the
conversion of India from a secular to Hindu state.
- Lack of full understanding of UCC:
The major issue regarding the UCC is that Indian people are not
understanding its real objective and its benefits. It's because of the lack
of education and awareness of majority of the population. This problem is
added up with the fake news and rumours on social media. This issue can be
systematically resolved by providing legal education to citizens at every
Goa is currently the only state that follows a Uniform Civil Code. It is because
Goa follows the goa Civil Code, which is based on Portuguese law, while the rest
of India follows Indian law, which is based on English common law. In Goa, there
is no provision for polygamy or verbal divorce, and property is divided into two
parts following divorce. Most regulations in goa are Uniform, regardless of
caste, religion, or gender, however goa does not closely adhere to Uniformity in
certain areas, such as education.
Under certain conditions specified in the Codes of usages and customs of gentile
Hindus of Goa, Hindu men have the right to bigamy.
Divorce is only permissible for Hindus if the woman commits adultery.
Landmark cases related to Uniform Civil Code and secularism
Smt Sarla Mudgal, President ,Kalyani v/s Union of India
This case is regarded by the Supreme Court as a watershed moment. The practise
of changing one's religion in order to obtain a second marriage without
dissolving the first was considered illegal. It was a violation of justice,
equity, and morality. In the case of Sarla Mudgal, the husband changed his
religion and converted to Islam with the sole intention of marrying another
The institution of marriage is one in which the general public has strong
intrest. It is the pillar of the family and, consequently, of society, and
without it, there can be no Civilisation.
In India, there has never been a single matrimonial law. In addition to statutes
like the Hindu Marriage Act of 1955 and the Muslim Personal Law (Shariat)
Application Act of 1937, a marriage is governed by the personal law of the
spouses. Simply because one of the parties changed religion, a marriage that was
performed under a particular law and personal law could not be dissolved under
another personal law.
And in this instance, merely changing your religion forbids you from being
married to another woman. Due to this, a Hindu man's second marriage will be
invalid until his first marriage is dissolved.