"A uniform civil code will help the cause of national integration by removing
disparate loyalties to laws which have conflicting ideologies.
" - B. R. Ambedkar
In the kaleidoscopic tapestry of India's legal landscape, where diversity and
tradition interlace with modernity and constitutional principles, a profound and
persistent debate has taken shape a constitutional conundrum which seems to be
very critical for the constitutional fabric of the country. The enigma in
question, draped in the nuanced intricacies of law, religion, and identity, is
none other than the "The Uniform Civil Code Debate." But what is a Uniform Civil
Code? A Uniform Civil Code entails the equitable treatment of all societal
segments, regardless of their religious affiliations, in accordance with a
universal civil code of national jurisdiction, uniformly applied to all.
It is a single civil code that could be used for all religious communities is
grounded in the idea of a unified nation governed by a single legal framework.
The term "Uniform Civil Code" is explicitly stated in Article 44 of Part 4 in
the Indian Constitution. Article 44 commits the state to ensure that all
citizens in India are governed by a single civil code that is consistent across
the entire nation.
This comprehensive code encompasses various domains,
including matrimony, divorce, maintenance, inheritance, adoption, and the
transference of assets. Its foundational premise is grounded in the notion that
contemporary civilization severs any nexus between religious doctrines and legal
Justice (ret.) Arun Kumar Mishra, the esteemed chairman of the
National Human Rights Commission, has ardently advocated for the adoption of the
Uniform Civil Code (UCC), contending that its implementation is imperative in
safeguarding women against discriminatory practices.
Why is the UCC in the public eye again?
In a notable development last November, Basavaraj Bommai, the Chief Minister of
Karnataka, made a noteworthy statement regarding his concerted efforts to gather
information about the implementation of the Uniform Civil Code across various
states and its alignment with the constitutional provisions.
Not only Karnataka,
there are other states also which are joining the debate for Uniform Civil Code
in an express or implied manner such as Uttar Pradesh's deputy chief minister,
Keshav Prasad Maurya. Simultaneously, Madhya Pradesh has resolved to institute a
commission tasked with scrutinizing the practical application of the Uniform
Civil Code (UCC).
During the "Mera Booth Sabse Majboot
" initiative in Bhopal, the Prime Minister
underscored the nation's responsibility and imperative to uphold the envisioned
Uniform Civil Code (UCC) as mandated by the Constitution. The Prime Minister has
also expressly stated during a campaign that bringing the UCC in momentum was
the aspiration of the learned constitution makers of India. These are not all,
but some of the recent incidents that have sparked the debate around the
implementation of the Uniform Civil Code in India.
Historical Context to the Development of the UCC debate:
The debate around the implementation of the Uniform Civil Code is not a new
thing. Rather it can be dated back to the pre-independence era of India. The
discourse surrounding the implementation of a uniform civil code traces its
origins to India's colonial era. Let's understand the historical context of this
- Pre-Independence (Colonial Era):
The Lex Loci Report of October 1840 emphasized the imperative of standardization
in the codification of Indian law, particularly concerning matters of crimes,
evidence, and contracts. Nonetheless, it proposed that the personal laws
governing Hindus and Muslims should remain beyond the purview of such
codification. Queen's Proclamation of 1859 pledged complete non-interference in
religious affairs. As a result, criminal laws were codified and extended
uniformly across the entire nation, while personal laws continued to be
administered through distinct codes applicable to various religious communities.
- Post-Colonial Period and the codification of Hindu Laws:
During the Constitution Drafting Process, The constituent assembly by a
majority of 5:4 during a committee set up under the leadership of Sardar
Vallabhai Patel decided to not include Uniform Civil Code as a fundamental
right. Following the termination of British colonial rule, an increased focus on
addressing matters of a personal nature prompted the establishment of the B. N.
Rau Committee in 1941 by the government, tasked with the monumental
responsibility of codifying Hindu law. The Hindu Law Committee bore the weighty
responsibility of scrutinizing the necessity of unifying Hindu laws.
accordance with sacred scriptures, the committee advocated for the formulation
of a comprehensive Hindu legal framework that would endow women with equitable
rights. Subsequently, inspired by a thorough examination of the 1937 Act, the
proposition for a legal codification governing marriage and inheritance within
the Hindu community emerged.
With the adoption of the Constitution in 1951, a
select committee led by B. R. Ambedkar was convened, and they were entrusted
with the arduous task of reviewing the draft presented by the Rau Committee.
Consequently, in 1956, the Hindu Succession Act was enacted, aimed at
modernizing and codifying the statutes that govern the distribution of assets
through wills or intestacy among Hindus, Buddhists, Jains, and Sikhs.
Landmark Rulings on Uniform Civil Code:
What are the Arguments in Favor?
- Mohd Ahmad Khan v/s Shah Bano Begum 1: Mrs. Shah Bano, a septuagenarian of 73
years, was denied alimony after her husband invoked the triple talaq method for
divorce, a practice involving the utterance of "I divorce thee" thrice. She took
her grievances to the judiciary, and both the District Court and the High Court
ruled in her favor. However, her husband, dissatisfied with these verdicts,
decided to escalate the matter to the Supreme Court, contending that he had duly
fulfilled his obligations under Islamic jurisprudence.
In a momentous decision
in 1985, the Supreme Court ruled in Mrs. Shah Bano's favor, invoking Section 125
of the Criminal Procedure Code, which pertains to the "support of spouses,
children, and parents." This provision, applicable to individuals of all faiths,
ensured her entitlement to financial support. Notably, the Supreme Court's
judgment also advocated for the establishment of a uniform civil code, signaling
a call for standardized legal provisions across diverse religious communities.
- Danial Latifi & Anr vs Union of India 2: The Muslim Women's Act (MWA) faced
legal scrutiny on the basis of alleged transgressions against the constitutional
guarantees of equality enshrined in Articles 14 and 15, as well as the
fundamental right to life as per Article 21.
In its ruling, the Supreme Court,
while upholding the constitutionality of the law, undertook a process of
reconciliation with Section 125 of the Criminal Procedure Code (CrPC). The Court
ruled that the financial support received by a wife during the iddat period must
be of sufficient magnitude to not only sustain her during this waiting period
but also to secure her future. Consequently, in accordance with the prevailing
legal framework, a divorced Muslim woman is entitled to the provision of
maintenance throughout her lifetime or until she enters into a subsequent
- Another occasion when the Supreme Court once more compelled the
government's attention to Article 44 occurred in the case of Sarla Mudgal v. Union of India
3. In this legal dispute, the central question revolved around whether a Hindu
husband, initially wedded under Hindu law, could legitimize a subsequent
marriage after converting to Islam.
The Court firmly ruled that a Hindu marriage
solemnized in accordance with Hindu law could only be dissolved based on the
specific grounds delineated in the Hindu Marriage Act of 1955. Mere conversion
to Islam and subsequent remarriage, the Court pronounced, did not, on its own,
terminate the Hindu marriage as defined by the Act.
Consequently, any second
marriage conducted following conversion to Islam would constitute a violation of
Section 494 of the Indian Penal Code. Justice Kuldip Singh furthermore expressed
his viewpoint that Article 44 must be resurrected from the prolonged state of
dormancy it has endured since 1949.
The venerable Justice made reference to the
systematic codification of Hindu personal law and concluded that in a
circumstance where over 80 percent of our citizenry has already been
incorporated within the framework of codified personal laws, there exists no
plausible rationale to further defer the implementation of a 'uniform civil
code' that would encompass all the inhabitants within the geographical bounds of
- The John Vallamattom Case 4: This case involved a priest from Kerala who
questioned the legality of Section 118 of the Indian Succession Act, a law that
applies to non-Hindus in India. Mr. Vallamattom argued that this section
unfairly treated Christians by placing impractical limits on their ability to
give property for religious or charitable reasons through a will. The court, in
response, declared this section unconstitutional and void.
What are the Arguments against the UCC?
- Celebrating Pluralism, Reinforcing Cohesion: The endorsement of a Uniform Civil Code (UCC) resonates with the idea of celebrating India's cultural diversity while fortifying its national unity. By eradicating disparities and paradoxes inherent in religious personal laws, it establishes a collective identity for all citizens. Moreover, it cultivates a sense of oneness and concord among the nation's multifarious communities. For instance, a UCC facilitates inter-faith unions and relationships devoid of legal impediments or societal taboos.
- Elevating Women through Standardization: A UCC serves as a formidable instrument for achieving gender equity and impartiality. It dismantles the inequitable and oppressive customs imposed on women by various personal laws, including practices like polygamy and unequal inheritance.
- Rationalizing Legislation for Judicial Efficiency: The present legal system in India grapples with intricate and overlapping personal laws, engendering confusion and legal disputes. A UCC, however, offers a streamlined legal framework that amalgamates and harmonizes these diverse laws into a singular code. This not only enhances lucidity but also expedites implementation, thereby alleviating the burden on the judiciary and engendering a more efficient legal system.
- Drawing Inspiration from Global Paradigms: Numerous nations, such as France, have successfully implemented a uniform civil code. A UCC symbolizes a nation's evolution into a modern, progressive entity, signifying a departure from the shackles of caste and religious politics.
Endangerment of Minority Rights: One of the primary contentions raised against the implementation of a Uniform Civil Code (UCC) in India revolves around the perceived threat to minority rights. India's strength undeniably lies in its multifarious society, and over the years, personal laws have evolved to embrace and accommodate these diversities. Detractors assert that the imposition of a singular code might potentially erode the cultural and religious autonomy painstakingly preserved by minority communities. This, in turn, could foster sentiments of alienation and marginalization among these groups.
Judicial Backlog: India is already grappling with a formidable backlog of legal cases, and the introduction of a UCC could conceivably exacerbate this pressing issue. The comprehensive legal reforms requisite for the harmonization of various personal laws into a solitary code would entail a substantial investment of time and resources. Consequently, during this transitional phase, the legal system may witness a surge in its caseload, primarily stemming from the emergence of fresh litigation challenging the constitutionality of the UCC.
Complexities Inherent in the Goan UCC: While the implementation of a UCC in Goa received commendation from the Supreme Court in 2019, a closer examination of the ground reality reveals intricate legal pluralities within the state's version of the UCC. Within the Goan context, the UCC allows for a distinct form of polygamy specifically for Hindus and does not extend the applicability of the Shariat Act to Muslims, who continue to be governed by Portuguese and Shastric Hindu laws. Moreover, Catholics in Goa enjoy certain privileges, including exemption from mandatory marriage registration and the authority vested in Catholic priests to dissolve marriages. This multifaceted scenario within Goa underscores the intricate complexities inherent in personal laws in India, even within a state that is often hailed for its adoption of a UCC.
Potential for Societal Turmoil: In light of the profound religious and cultural intricacies entrenched in the fabric of Indian society, the enactment of a Uniform Civil Code (UCC) has the capacity to incite social upheaval and discord. Critics of UCC posit that endeavors to enforce a standardized legal framework may be construed as an intrusion upon religious liberties, thereby inciting divisiveness and communal strife. For instance, the introduction of a UCC could invite fervent resistance from various religious and cultural groups who perceive it as an affront to their deeply held beliefs and practices. This contention may, in turn, ignite fervent protests and demonstrations, potentially escalating into wider social conflicts.
- Comparative Exploration: It is imperative to undertake an exhaustive comparative exploration of the diverse personal jurisprudences prevalent in India. This undertaking serves as a means to unravel the commonalities and potential points of discord amongst these legal doctrines.
- Codification of Shared Tenets: Building upon the insights gleaned from the aforementioned comparative study, we can proceed to enact a comprehensive statute governing personal status. Such legislation would encapsulate the principles that are concordant across the various personal legal systems. These principles, characterized by their resonance within different personal laws, can be promptly enacted to forge a unified legal framework.
- Establishment of a dedicated Family Law Board: The establishment of a dedicated Family Law Board within the purview of the Union Law Ministry emerges as a pressing necessity. This body would be entrusted with the responsibility of meticulously examining existing personal laws pertaining to family matters and proffering recommendations for reforms and harmonization.
- Incremental Progress: Prioritizing the pursuit of a just and equitable legal code over a strictly uniform one is of paramount importance. Initiating pilot projects within select regions or communities can serve as the foundational bricks in constructing a viable, socially accepted, and pragmatic Uniform Civil Code. These pilot endeavors would demonstrate the feasibility and acceptance of a unified code in practice.
The idea of introducing a Uniform Civil Code (UCC) in India is a challenging and
debated topic. While a UCC offers the hope of ensuring fairness, social equity,
and unity across the nation, there are also concerns about its negative aspects,
like potential harm to the rights of minority groups, cultural sensitivity, and
the risk of social unrest.
Any effort to put a UCC in place should involve
extensive discussions, finding common ground, and giving great importance to
upholding the values of secularism, diversity, and individual rights.
Ultimately, it's crucial to strike a balance between uniformity and diversity to
make real progress toward a fairer and more inclusive legal system in India.
List of References:
Written By: Diya Saraswat,
- AIR 1985 SCR (3) 844
- (2001) 7 SCC 740
- AIR 1995 SC 1531
- Writ Petition (civil) 242 of 1997
3rd Year BA-LLB (Hons) Student At Vivekananda
Institute Of Professional Studies, Pitampura