Uniform Civil Code (UCC)

Uniform Civil Code is a proposal in India that is aimed at replacing personal laws based on religions, customs, and traditions with one common law for everyone irrespective of religion, cast, creed, sexual orientation, and gender.

Is UCC part of the Indian Constitution?

Yes, the Uniform Civil Code is mentioned in part 4th of the constitution which says the state "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". The framers of the Constitution envisioned that there would e a uniform set of laws that would replace primitive personal laws of every religion with regard to marriage, divorce, inheritance, and adoption. UCC is part of the Directive Principles of the State Policy which is not enforceable or justiciable in a court of law and are fundamental to the country''s governance.

What is the Supreme Court saying about UCC?

The Supreme Court in various judgments has called for the implementation of the UCC. In its Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985, where a divorced Muslim woman demanded maintenance from her former husband, the SC while deciding whether to give prevalence to the CrPc or the Muslim personal law, called for the implementation of the UCC.

The Court also called on the government to implement the UCC in the 1995 Sarla Mudgal judgment, and in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).

What did the Law Commission say about UCC?

In 2018, the Law Commission submitted a 185-page consultation paper on the reform of family law at the Modi government''s request. The Law Commission stated that UCC “is neither necessary nor desirable at this stage", the report recommended that discriminatory practices, prejudices, and stereotypes within a particular religion and its personal laws should be studied and amended. 

How many Indian states have Uniform Civil Code?

• Talking about the Uniform Civil Code, one cannot ignore Goa.
• The Goa Civil Code is in force since Portuguese times and is considered a Uniform Civil Code.
• In 1867, Portugal enacted a Portuguese civil code and in 1869 it was extended to Portugal’s overseas provinces (that included Goa). However, it is quite complex on the ground.
• The Uttarakhand government on May 27 last year announced its decision to implement the Uniform Civil Code in the state.
• The State government constituted the five-member committee led by Desai, to prepare a draft proposal for implementation of the UCC.
• Uttarakhand Chief Minister Pushkar Singh Dhami has earlier said that the committee will submit its report by June 30 this year.
• Earlier, Assam Chief Minister Himanta Biswa Sarma underlined the need for the implementation of the Uniform Civil Code in the state and said that the introduction of the legislation is necessary to give justice to all Muslim women.
• The Gujarat government has also supported the implementation of the Uniform Civil Code.

Benefits of UCC

• National Integration and Secularism:
  • UCC would promote national integration and secularism by creating a common identity and sense of belonging among all
  • It would also reduce the communal and sectarian conflicts that arise due to different personal laws.
  • It would uphold the constitutional values of equality, fraternity and dignityfor all.
• Gender Justice and Equality:
  • UCC would ensure gender justice and equality by removing the discrimination and oppression faced by womenunder various personal laws.
  • It would grant equal rights and status to women in matters of marriage, divorce, inheritance, adoption, maintenance,
  • It would also empower women to challenge the patriarchal and regressive practicesthat violate their fundamental rights.
• Simplification and Rationalisation of the Legal System:
  • UCC would simplify and rationalise the legal system by removing the complexities and contradictionsof multiple personal laws.
  • It wouldharmonise the civil and criminal laws by removing the anomalies and loopholes that arise due to different personal laws.
  • It would make the law more accessible and understandable for the common people.
• Modernisation and Reform of Outdated and Regressive Practices:
  • UCC would modernise and reform the outdated and regressive practices that are prevalentin some personal laws.
  • It would eliminate the practices that are against the human rightsand values enshrined in the Constitution of India, such as triple talaq, polygamy, child marriage, etc.
  • It would also accommodate the changing social realities and aspirationsof the people.

Cases Related to UCC

• Shah Bano Begum v. Mohammad Ahmed Khan (1985):
  • The Supreme Court upheld the right of a Muslim woman to claim maintenance from her husband under Section 125 of the Criminal Procedure Code, even after the expiry of the Iddat period.
    • It also observed that a UCC would help in removing contradictionsbased on ideologies.
• Sarla Mudgal v. Union of India (1995):
  • • The Supreme Court held that a Hindu husband cannot convert to Islam and marry another woman without dissolving his first marriage.
    • It also stated that a UCC would prevent such fraudulent conversions and bigamous marriages.
• Shayara Bano v. Union of India (2017):
• • • The Supreme Court declared the practice of triple talaq as unconstitutional and violative of the dignity and equality of Muslim women.
    • It also recommended that the Parliament should enact a law to regulate Muslim marriages and divorces.

Challenges in Implementing UCC

• Diverse Personal Laws and Customary Practices:
  • India is a country of diverse religions, cultures and traditions.
    • Each community has its own set of personal laws and customs that govern their civil matters.
    • These laws and practices vary widely across regions, sects and groups.
  • To find a common ground and uniformity among such diversity is very difficult and complex.
  • Moreover, many personal laws are not codified or documented,but are based on oral or written sources that are often ambiguous or contradictory.
• Resistance from Religious and Minority Groups:
  • Many religious and minority group''s view UCC as an infringement on their religious freedomand cultural autonomy.
  • They fear that UCC would impose a majoritarian or homogenous lawthat would disregard their identity and diversity.
    • They also argue that UCC would violate their constitutional rights under Article 25,which guarantees the freedom of conscience and free profession, practice and propagation of religion.
  • Lack of Political Will and Consensus:
    • There is a lack of political will and consensus among the government, the legislature, the judiciary and the civil society to initiate and implement UCC.
    • There are also apprehensions that UCC could provoke communal tensions and conflictsin the society.
  • Practical Difficulties and Complexities:
    • UCC would require a massive exercise of drafting, codifying, harmonising and rationalisingthe various personal laws and practices in India.
    • It would require a wide consultation and participation of various stakeholders, including religious leaders, legal experts, women’s organisations, etc.
    • It would also require a robust mechanism of enforcement and awareness to ensure complianceand acceptance of UCC by the people.

Way Forward

• Unity and Uniformity:
  • The recommended UCC should reflect India''s multiculturalism and preserve its diversity.
    • Unity is more important than uniformity.
  • The Indian Constitution allows for both integrationist and restricted multicultural approachesto accommodate cultural differences.
• Discussion and Deliberations with Stakeholders:
  • Also, involving a broad range of stakeholders, including religious leaders, legal experts, and community representatives, in the process of developing and implementing the UCC.
  • This could help to ensure that the UCC takes into account the diverse perspectives and needs of different groups, and that it is seen as fair and legitimate by all citizens.
• Striking a Balance:
  • The Law Commission should aim to eliminateonly those practices that do not meet the constitutional standards.
  • Cultural practicesmust align with substantive equality and gender justice goals.
  • The Commission should avoid contributing to reactive culturalism among different communities.
  • The Muslim clergy should lead the reform processof Muslim Personal Law by identifying discriminatory and oppressive issues and considering progressive views.
• Constitutional Perspective:
  • The Indian Constitution upholds the right to cultural autonomy and aims for cultural accommodation.
  • Article 29(1) protectsthe distinctive culture of all citizens.
  • Muslims need to question whether practices like polygamy and arbitrary unilateral divorcealign with their cultural values.
  • The focus should be on achieving a just codethat promotes equality and justice.