The Uniform Civil Code (UCC) has recently come under scrutiny after a petition was filed in the Supreme Court challenging its applicability to divorce and alimony. The UCC seeks to provide a uniform law applicable to all religious communities in India concerning personal matters like marriage, divorce, inheritance, adoption, and more. Article 44 of the Constitution supports the implementation of the UCC throughout India. However, despite being part of the Directive Principles of State Policy, the UCC is not justiciable.
Status of Uniform Codes in India
In many civil matters, Indian law already adheres to a uniform code, for instance, the Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act 1872, etc. Nonetheless, states have made numerous amendments resulting in diversity even under these secular civil laws. Recently, several states rejected uniformity by refusing to accept the Motor Vehicles Act 2019.
Historical Perspective
The push for a UCC traces back to colonial India. In 1835 the British government suggested uniformity in codification of Indian laws relating to crimes, evidence, and contracts though personal laws were excluded. An increase in legislation addressing personal issues led to the formation of the B N Rau Committee to codify Hindu law in 1941. This work resulted in the adoption of the Hindu Succession Act in 1956, which codified laws relating to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs, although separate personal laws existed for Muslims, Christians, and Parsis. Over time, courts have suggested that the government move towards a UCC for uniformity.
Key Cases Highlighting Need for UCC
Prominent cases emphasizing the necessity for the UCC include the Shah Bano case (1985) and the Sarla Mudgal Case (1995). These cases dealt with contentious issues like triple talaq, polygamy, and bigamy and highlighted conflicts between personal laws on matters of marriage. The Centre argued that such practices adversely impact women’s right to a life of dignity and questioned whether religious practices out of sync with fundamental rights should receive constitutional protection.
Implications of Uniform Civil Code on Personal Laws
The UCC aims to protect vulnerable sections of society including women and religious minorities, while promoting unity. It intends to simplify complex laws around marriage, inheritance, succession, and adoption, making them universally applicable. A UCC will uphold the ideal of secularism as outlined in the Preamble and ensure gender justice by eliminating gender biases from existing laws.
Challenges in Implementing UCC
Implementing a UCC is not without challenges, mainly due to exceptions in family laws applicable to Jammu and Kashmir, Pondicherry, Goa, Daman and Diu, Nagaland, and Mizoram that are governed by customary laws and religion-based systems. Another challenge arises from communal politics where a UCC is seen as majoritarianism masquerading as social reform. Constitutionally, a conflict emerges between Article 25, which guarantees freedom to practice and propagate any religion, and Article 14, which upholds equality.
Way Forward
Efforts need to be made to build trust and align with social reformers rather than religious conservatives. An incremental approach could result in separate aspects such as marriage, adoption, succession, and maintenance being gradually incorporated into the UCC. What’s paramount is the codification of all personal laws to shed light on prejudices and stereotypes, allowing them to be tested against the fundamental rights of the Constitution.
