We are having this liberty in order to reform our social system, which is so
full of inequities, so full of inequalities, discriminations and other things,
which conflict with our fundamental rights.
- Dr. B.R. Ambedkar
This Earth is full of developed nations and developing nations. In which India
is a still a developing nation. Reason behind this is that citizens of India
belongs to various different communities, religion, and caste. In India we the
citizens are all united only when World Cup in Cricket takes place or when we
all travel in a train together. Reason being similar circumstances which unites
us all together and make this country look united in front of the whole world.
Uniform Civil Code
, which means Same Code/rules and regulations for all
Partially, India has applied the UCC in our legislations. Indian
laws are divided into Civil laws and Criminal laws. In Criminal laws we treat
all the people in India same irrespective of religion, caste and creed. We do
not treat criminals from Hindu religion by Manusmriti and Yagnyavalkya or Narada
Smriti nor we treat criminals from Muslims by Shariat law. We have a Uniform law
for all the criminals i.e., Indian Penal Code and other specific crime statutes.
Civil laws, which deals with family, contracts, torts and property is still
pending in India.
Conflicts Of Laws: While Implementing Uniform Family Code
To understand the conflicts of laws one need to understand the actual scenario
behind the base of the conflicts. To understand the base of conflicts please go
through the illustration given below:
There are 4 different tribes living differently. The following
- The first tribe belongs from an agriculture land, where people belong
from same religion and everyone is vegetarian. LAW of this tribe is that
killing of cattle is a crime.
- The second tribe belongs from non-agriculture land and everyone is of
same religion. Everyone is depended on non veg food. LAW of this tribe is
who ever will hunt the most animals will be rewarded.
- The third tribe belongs from a war zone where people mainly stay busy in
wars. Therefore, number of men is small as compare to women. LAW of this
tribe is to marry more than one wife to maintain the sex ratio.
- The fourth tribe has more women than men. LAW of this tribe is that One
woman can marry more the one man to keep maintain the sex ratio.
IF all these tribes start living together there would be so many conflicts in
between all of them. As tribe second people will kill animals and according to
the law of tribe first such individual should be punished. Therefore, only
uniformity in law can bring peace and unity in all these four tribes if they
intent to live together.
India is an perfect example where people from different communities, religion,
and caste live all together. Therefore, we see so many repeated conflicts in
To implement Uniform Family Code, the main war of the provisions of the
Indian Constitution are:
Article 25-28 and 29 Vs Article 14,15, 21 and 44
Provisions against uniform Civil Code are:
Provisions in favour of Uniform Civil Code are:
- Term SECULAR in the preamble of the Constitution which guarantee to
every citizen of India to be dealt according the customs of his own religion
- Article 25-28 which gives all person the fundamental right to profess
- Article 29 which deals to protect the interests of the minority.
- EQUALITY of status and of opportunity guaranteed under the preamble of
the constitution of India
- FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation guaranteed under the preamble of the constitution of
- Article 14 as it gives fundamental right to all person to treated equal
before the law or they should be given equal protection of laws.
- Article 15 gives all citizens the fundamental right against
discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 21 gives the fundamental right of protection of life and
personal liberty except according to procedure established by law.
- Article 44 directs the state to endeavour to secure for the citizen a
uniform civil code throughout the territory of India.
Major Conflicting Issues While Implementing UCC
As Hindu law was codified after independence of India and every single old
provisions in un-codified Hindu law which were against the Constitution of India
were abolished. Such as multiple marriages right to husband, abolition of Dowry,
divorce provisions were introduced for the very first time, etc.
Muslim law remained untouched at that time, even after Muslim personal laws are
very oppressive and against the basic rights of the women. The majority of the
issue while implementing the UCC are as follows:
- Nikah Halala
- Triple Talaq (Within 3 months- Talaq-e-hasan)
- Maintenance to the divorced wife
Advantages Of UCC
Implementation of uniform civil code will abolish the gender equality at large
as in several personal laws males are dominative in nature and females are under
suppression. Especially in Muslim law males have more power as compare to
females in terms of divorce that is Talaq and marrying more than one wife i.e.,
up to 4 wives. The rigidity of Muslim personal law is very high as the Muslim
law is very ancient and direct revelation of Allah to the Prophet Muhammad and
this law cannot be changed.
But uniform civil code will not change the personal law but will abolish all the
laws which are against the Constitution and make certain new laws which are not
discriminatory to any party.
A Boost To National Integrity
The formation of uniform civil code will boost the national integrity as India
is a combination of people from different religion, communities and groups and
different personal laws for every such religion community and groups lead
towards contradiction and Cold War among these religions and communities.
UCC by making and uniform laws for every citizen of India will make them unite
and will boost the national integrity.
Cornerstone Of Secularism
The preamble of our constitution clearly states that India is a sovereign,
socialist, secular state. But is India actually secular? No, even though secular
term is clearly stated in the preamble, India is still not secular in nature.
Secular state doesn't mean that we as a state provide every single personal law
to them even though that personal law is against the base structure of the
nation i.e., Constitution.
Every such personal law which is against the Constitution should be abolished
but UCC will not affect the personal law as such as it is going to deal with
marriage divorce adoption and succession but the customs will not be affected of
any religion. Indirectly implementation of UCC will lead India towords a better
secular nation where all religions are accepted but the laws which are against
the Constitution are not accepted.
After the formulation of UCC across all over the nation India will go under a
process of social reform in the century for instance, in the Indian contract
context, Muslim women are denied personal laws in relation to marriage, divorce
etc. In various slavic countries like Pakistan Morocco Turkey Bangladesh etc all
woman enjoy a codified personal law and in so many Islamic countries polygamy,
Talaq-ul-biddat, etc are banned just because they are discriminatory and against
human rights violation. Therefore after implementation of UCC, Indian woman
specially Muslim and Christian woman will also enjoy a codified personal law
therefore, this is a stepping stone towards social reform across the country
Disadvantages Of UCC
A Threat To Communal Harmony
Potential misunderstandings regarding the Uniform Civil Code created a fear
among various religions especially minorities. Before implementing UCC
government should gain the confidence of all the minorities in India as UCC is
not something which can be implied forcefully as it is going to be a threat to
Government's Interference Into Personal Freedom
It is also often viewed the government sometimes with malafide intention just to
interfere with the personal laws of the minorities make certain laws which are
wholly against their religion or customs and traditions uniform civil code is
only to protect and safeguard the rights of all citizens and not to snatch the
right given by the religion.
Difficulties Due To India's Diversity
As history speaks itself while implementing Hindu civil code after the
independence of India so many backfire and heat and communal harmony was
affected due to this bill just because government implemented the laws very
suddenly. As India is full of different diversity implementation of UCC means
abolishing of all personal laws and codification of single uniform law. It is a
very difficult job to implement UCC in a country with such a diverse diversity.
Judiciary Demand In Uniform Civil Code
- First conflict arose in Shah Bano Case:
Where the personal law of Muslims was challenged- Supreme Court also held in
this case-as it is seen in Shah Bano case that ignore to give maintenance to
the wife husband manipulated Muslim personal law by giving her Talaq without
the consent of the wife " It is also a matter of regret that Article 44 of
our Constitution has remained a dead letter."
- In another case of Ms. Jorden Diengdeh vs. S.S. Chopra,
Observations of Chandrachud, C.J "It was just the other day that a
Constitution Bench of this Court had to emphasise the urgency of infusing
life into Article 44 of the Constitution The present case is yet another
which focuses attention on the immediate and compulsive need for a uniform
civil code. The totally unsatisfactory state of affairs consequent on the
lack of a uniform civil code is exposed by the facts of the present case.
- In Sarla Mudgal Case in this case husband in terms of marrying
more than one wife converted himself from Hindu or Muslim so that he can
avail the right to marry more than one wife were used. Wife challenged this
and Supreme Court held that such act is illegal and unconstitutional and
using the personal laws to manipulate things like this are not acceptable.
- In the case of John Vallamattom vs U.O.I, it was concluded that:
Nevertheless the court has continued to emphasize that a common civil code
will help the cause of national integration by removing the contradictions
based on ideologies.
- The the latest case of Shariya Bano 2017, Talaq-ul-Biddat was not only
held as unconstitutional but was also made it an offence. As it was against
the basic human rights of the Muslim Women.
- Lastly, in the present pending case of Samina Begum, Polygamy and Nikah
Halala are challenged and the case is yet to be decided.
Judges in all these cases have given their obiter dicta in the favour of Uniform
Civil Code as it will bring integrity and unity among the citizens of India.
Uniform Civil Code is in the favour of India's Integrity and unity. As India's
criminal law sector is 100% uniform and every person, irrespective of religion,
caste, and creed is charged with the same sections of IPC and other specific
crime laws in India. The same way there should be Uniformity in civil sectors
Such as family, contracts, torts and property to make this nation entirely
uniform. Implementing UCC does not mean anyone has to stop the customs and
religious way to get married or to do any other ceremonies but all such laws
which are against Human Rights would be made illegal and unconstitutional.
Hence, lets raise voice for the integrity and unity of this Nation.