Uniform civil code

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of

Directive Principles of State Policy. It states that it is the duty of the state to
secure for the citizens a Uniform Civil Code throughout the territory of India.
In other words we can say that it means one country one rule.

Uniform Civil Code place a set of laws to govern personal matters of all
citizens irrespective of religion is perhaps the need of the hour and ensuring
that their fundamental and Constitutional rights are protected.

Now question arises what is Uniform Civil Code? It is the common set of
governing rules for all citizens of India which refers to replace the personal
laws (based on religious scriptures and customs). These laws are famous from
public law and cover marriage, divorce, inheritance, adoption and maintenance.
In fact Goa is the only state which has a common family law and 1954 Special
Marriage Act allows any citizen to marry outside the realm of any special
religious personal law.

Now let us see our past from where uniform laws are originated.

The British Government in 1840 on the basis of Lex Loci report had framed
Uniform laws for crimes, evidences and contract but personal laws of Hindus and
Muslims are left by them somewhere intentionally. On the other hand British India
Judiciary provided for application of Hindu, Muslim and English law by British
Judges. Also, in those days reformers were raising voice to frame laws related to
women against the discrimination done by them basically under religious customs
like Sati etc.

Constituent Assembly was set up to frame our Constitution in 1946 in Independent

India which consists of both types of members: those who wanted to reform the
society by adopting Uniform Civil Code like Dr. B. R Ambedkar and other was
basically Muslim representatives who perpetuate personal laws. Also, the
proponents of Uniform Civil Code were opposed by the minority communities
in the Constituent Assembly. As a result only one line is added in the
Constitution under Article 44 in Part IV of DPSP (Directive Principles of
State Policy).
 Making of constituent assembly

It states that “The State shall endeavour to secure for the citizens a Uniform Civil
Code throughout the territory of India“. As it is incorporated in DPSP they are
neither enforceable in the court nor any political discrepancy been able to go
beyond it because minorities mainly Muslims felt that their personal laws are
violated or abrogated by it. Then a series of Bills were passed to codify Hindu
laws in the form of Hindu Marriage Act, 1955, The Hindu Succession Act,
1956, The Hindu Minority and Guardianship Act, 1956 and the Hindu
Adoption and Maintenance Act, 1956, are collectively known as Hindu Code
Bill (covers Buddhist, Sikhs, Jains as well as different religious denominations
of Hindus) which allows right to divorce and inheritance to women, made caste
irrelevant to marriage and abolished bigamy and polygamy.

Shah Bano Case

Mohammad Ahmed Khan v. Shah Bano Begum mainly known as Shah Bano Case.
In this case in 1985, Shah Bano moved to Supreme Court for seeking maintenance
under section 125 of the Code of Criminal Procedure when her husband divorced
her after 40 years of marriage by giving triple talaq and denied her regular
maintenance. The Supreme Court gave verdict in favour of Shah Bano by applying
section 125 of Indian Criminal Code and it is applied to all citizens irrespective of
religion. Then Chief Justice, Y.V Chandrachud, observed that a Common Civil
Code would help the cause of national integration by removing disparate loyalties
to law. And so, the court directed Parliament to frame a UCC.

On the other hand Rajiv Gandhi Government was not satisfied from the court
decision; instead of supporting it the government enacted the Muslim Women
(Protection of Rights on Divorce) Act, 1986 to nullify the Supreme Court judgement
in Shah Bano Case and let the Muslim Personal Law prevails in divorce matter. In
this act it was mentioned that Muslim woman has right for maintenance only for
three months after the divorce i.e. iddat and then shifted her maintenance to her
relatives or Wakf Board.

Sarla Mudgal Case

This is the second instance in which the Supreme Court again directed the
government under Article 44. In this case Sarla Mudgal v Union of India, the
question was whether a Hindu husband, married under the Hindu law, by embracing
Islam can solemnise second marriage. The Supreme Court held that adopting Islam
for a second marriage is an abuse of Personal laws. Further said that Hindu
marriage can be dissolved under Hindu Marriage Act, 1955 i.e. mere by converting
itself in to Islam and marry again does not dissolve the marriage under Hindu
Marriage Law and thus will be an offence under Section 494[5] of the Indian Penal
Code.

John Vallamattom v. Union of India Case

The Priest from Kerala, John Vallamatton filed a writ petition in the year 1997
stating that Section 118 of the Indian Succession Act was discriminatory against the
Christians as it imposes unreasonable restrictions on their donation of property for
religious or charitable purpose by will. The bench comprising of Chief Justice of
India V.V Khare,

Justice S.B Sinha and Justice A.R. Lakshamanan struck down the Section declaring
it to be unconstitutional. Further Khare stated that;

“Article 44 provides that the State shall endeavour to secure for all citizens a
Uniform Civil Code throughout the territory of India. It is a matter of great regrets
that Article 44 of the Constitution has not been given effect to. Parliament is still to
step in for framing a common civil code in the country. A Common Civil Code will
help the cause of national integration by removing the contradictions based on
ideologies”.

Supreme court of India

Let us now see what happened in JJ Act 2014. Is it a step towards UCC or not?

On passing the verdict of Juvenile Justice (Care and Protection of Children) Act
seems to be an attempt in moving towards UCC. As, it paved the way for an
adoption of child by persons from Muslim Community even though not allowed
under their personal laws. The Supreme Court of India again asked the Union
Government to form a UCC to remove gender inequality and abolish the retrograde
practices followed under the framework of personal laws.
 After seeing all these cases again a question arises what is the importance and
need of UCC?

As, Common Civil Code would put in place a set of laws to govern personal
matters of all citizens irrespective of religion is perhaps the need of the hour. In
fact, it is the cornerstone of true secularism. Such a progressive reform would
not only help end discrimination against women on religious grounds but also
strengthen the secular fabric of the country and promote unity. There is a need
to reform our social system, which is full of inequities, discriminations and
other things which conflict with our Fundamental Rights. As we know that
there is a Criminal Code which is applicable to all people irrespective of
religion, caste, tribe and domicile in the country but there is no similar code
related to divorce and succession which are governed by Personal laws.

Need of UCC is related to inconsistencies in Tax laws. Like in Hindu Undivided

Families they are exempted from taxes where as Muslims are exempted from
paying stamps duty on gift deeds and also it deals with the problem of Honour
killings by extra constitutional bodies like Khap Panchayats.

As we have seen that the success of the contentious bill to ban instant triple talaq is
now punishable. Suddenly the possibility of a UCC, though by no means an easy
task but it does not appear as unachievable. Also, more aspects of personal laws are
likely to be taken up for scrutiny which marks the incremental progress towards
UCC. Moreover,

the government's decision in relation to Article 370 is also a monumental decision

towards national integration.

Now it is necessary to understand about Article 25 with that of UCC

Article 25 states Freedom of conscience and free profession, practice and

propagation of religion. So, the UCC cannot be forcefully imposed on the people as
then it will be clearly violation of Article 25 if the Indian Constitution. Therefore,
UCC and Personal laws should be co-existed. As, UCC is nothing but the
incorporation of modern and progressive aspects for all existing personal laws
which can’t be ignored.
Do you know about Uniform Civil Code in Goa

After Independence, State of Goa has adopted the Portuguese Civil Code which
enforced a UCC for all its citizens. Under this code, Married couple holds joint
ownership in all assets owned and acquired by each spouse. Even Parents can’t
disinherit their children entirely at least half of the property must be passed on to
them. Muslim persons who have registered their marriage in Goa are not allowed to
practice polygamy.

Pros of Uniform Civil Code

- To provide equal status to all citizens irrespective of their religion, class, caste,
gender etc.
- To promote gender equality. UCC will bring both men and women at par.
- To To accommodate the aspirations of the young population and to utilise their
full potential towards nation building.
- All Indian citizens are equal before the court of law. That is the criminal laws and
other civil laws except personal laws are same for all. So, UCC is necessary to
promote the national integration.
- To bypass the issue of reform of existing personal laws.

Cons of Uniform Civil Code

- Due to diversity in India it is somewhere tough to come up with a common and

uniform set of rules but our Government is trying to come up with common rules.
- Several communities, mainly minority communities perceive Uniform Civil Code
as an encroachment on their rights to religious freedom.
- In personal matters, interference of state. As the constitution provides for the right
to freedom of religion of one's choice. But with the codification of uniform rules
and it compulsion may reduce the scope of the freedom of religion.
- To bring UCC is a sensitive and tough task but not impossible.
Conclusion:

According to my point of view for an ideal state UCC would be an ideal safeguard
of citizen’s rights. Its adoption will be a progressive legislation. With changing
times, the need has arisen for having a Common Civil Code for all citizens,
irrespective of religion, ensuring that their fundamental and Constitutional rights are
protected. Even Secularism and National Integrity can also be strengthened by
introducing UCC.

At the end we should recall the words of Mahatma Gandhi: “I do not expect India
of my dreams to develop one religion, i.e. to be wholly Christian or wholly
Mussalman, but I want it to be wholly tolerant, with its religious working side-by-
side with one another”.