Uniform Civil Code :- A Critical and Comprehensive Evaluation

Author :- Arihant Chatterjee , Sister Nivedita University

Introduction

Meaning Of Uniform Civil Code ( UCC ) :-

Uniform Civil Code or UCC can be defined as set of laws which can uniformly be applicable on people belonging from all religious communities or sects in India , on matters such as inheritance , marriage , adoption , succession , and divorce , without being subjected to any kind of discrimination on the basis of religion , community , sex , place of birth , caste , and creed . The concept of Uniform Civil Code is embodied in the Part IV of the Indian Constitution which deals with Directive Principles Of State Policy [ DPSP ] under Article 44 .

Aims And Objectives Of Uniform Civil code :- The following are the aims and objectives which the Uniform Civil Code seeks to achieve or establish :-

It seeks to promote cultural and religious harmony
It aims to prevent malpractices and social evils in the society carried on in the name of religion
It seeks to provide special care and protection to women and children
It advocates for the protection of the interests of the weaker sections of the society
It aims at the cultural and religious integrity and sets asides the distinction made on the grounds of religion , caste , gender , and place of birth

Historical Background / Origin Of Uniform Civil Code :-

The emergence of the concept of uniform civil code can be traced back to the British era when India was under colonial rule . The British Government in its 1835’s report highlighted the requirement for the uniform codification of Indian laws like crimes , evidence , and contracts , and made recommendations for keeping personal laws such as Hindu law , Muslim law , Cannon laws to be kept outside the purview of such codification .

Advantages Of Uniform Civil Code

Some of the advantages of Uniform Civil Code are listed below :-

It advocates for the Promotion Of Equality and Social Justice :- The Uniform Civil Code’s basic objective is to treat all citizens of India equally and without showing any kind of favoritism or discrimination to any person in the enjoyment of their rights . It removes certain gender – biased rules and provisions contained in the personal laws which hinders or creates resistance in granting and guaranteeing of equal rights to the parties concerned

It works for National Integration :- By unifying various personal laws it fosters a sense of shared identity while removing religious distinctions

It highlights a Secular Outlook :- Uniform Civil Code highlights the concept of secularism as contained in the preamble of the Indian Constitution , inserted by the 42nd Amendment Act of 1976 which simply says that there should be a separation between the state and religious matters and it signifies the idea that all religions have an equal status in the eyes of law

It works for the elimination of complexity of the judicial systems :- Uniform Civil Code tends to simplify the judicial systems by reducing the burden of courts in interpreting and application of different laws for different religions , it makes sure that personal laws are not solely directed and guided by the religious ideologies and age old practices

Disadvantages Of Uniform Civil Code

Some of the disadvantages of Uniform Civil Code are listed below :-

Infringement of Article 25 of the Indian Constitution :- Critics often argue that uniform civil code puts a threat to the existence of cultural and religious identities of minority communities , by restricting their rights in matters of performance of religious practices

It endangers the Cultural Diversity of India :- As we all know that India is home to people of multi diverse communities , religions , and sects who have their individual customs and traditions . Implementation of a uniform civil code may simply overthrow this unique differences leading to social inequality

It involves a reasonable apprehension of misuse of power :- The implementation of a uniform civil code has always been a highly controversial issue since its inception as there are chance that it can be used as a tool to deprive the minority communities of their unique identity and individuality and to create communal problems especially while conducting election campaigns

It involves numerous legal issues :- Implementation of a uniform civil code is always surrounded by numerous legal challenges as different states have different views on this topic and moreover personal laws falls under concurrent list and hence has a potential to cause a center – state conflict on this issue

Cases Which Highlighted The Issue Of Uniform Civil Code

Here are list of some of the landmark cases which highlighted the issue of Uniform Civil Code :-

Mohd . Ahmed Khan V. Shah Bano Begum [ 1985 ] :- In this landmark case the Supreme Court ruled that a Muslim woman has a right to receive maintenance from her husband even beyond the iddat period under Sec . 125 of Code Of Criminal Procedure 1973 . This case highlighted the need for a uniform civil code in removing certain contradictions on religious ideologies

Sarla Mudgal V. Union Of India [ 1995 ] :- In this landmark case a Hindu man converted to Islam in order to practice polygamy to which the Supreme Court ruled that a Hindu husband upon converting to Islam cannot enter into a second marriage without dissolving the first marriage or unless the first marriage has been set aside . The court emphasized the need for an uniform civil code to ensure gender justice and equality

Shayara Bano V. Union Of India [ 2017 ] :- In this landmark case Supreme Court held that the practice of triple talaq is unconstitutional and it violates the fundamental rights of a Muslim woman . The Supreme Court’s verdict highlighted the need for enacting an uniform civil code to address gender discrimination and uniform personal laws governing marriage and divorce

Indian Young Lawyers Association V . State of Kerala [ 2018 ] :- In this landmark case the Supreme Court addressed the ban on entry of women of menstrual age into the Sabarimala temple of Kerala . The verdict addressed the need for an uniform civil code to harmonize conflicting rights and interests and ensure gender equality across various religions

Significance Of Uniform Civil Code

The significance / importance of uniform civil code is listed as follows :-

Uniform Laws :- A uniform civil code would lead to application of uniform laws in matters of marriage , divorce , inheritance , and succession which will reduce the contradiction and conflicts of the provisions of different personal laws and will simply the judicial process

Promotion Of Secularism :- As a uniform set of laws will be applied to all the religions , all religions then will have an equal position and status in the eyes of law both in verbal and real terms , without showing any kind of favoritism or discrimination towards any particular religion

Promotion Of Gender Equality :- Over a prolonged period of time it has been found that in personal laws , there has been discrimination on the basis of gender . In many instances it has been seen that women are not given equal rights in matters of inheritance and succession in equality with men . A uniform civil code tends to eliminate all such discriminations

Conclusion

The Uniform Civil Code has always been a highly controversial legal issue in a multi diverse country like India where people from all religions , communities , sects , cultures reside . It has numerous advantages as well as some disadvantages , but however we cannot ignore the fact that managing such a diverse population with different personal laws for different religions is highly prone to gender discriminations , religious malpractices and irrational age old practices which are irrelevant in the modern times and hence a uniform civil code is required to manage and eliminate all such irregularities so that there can be harmony between various religions and people can enjoy their rights without being subjected to any kinds of discrimination grounded on religion .