Uniform civil code
The uniform civil code is what?
- The term “uniform civil code” here refers to a single body of rules that govern all Indians’ private affairs, such as marriage, divorce, child custody, adoption, and inheritance.
- A consistent set of laws regulating all people is intended to take the place of the personal laws based on the scriptures and traditions of each significant religious community in India under the Uniform Civil Code (UCC).
- The foundation of UCC is the idea that in contemporary culture, religion and law are unrelated.
- At the moment, Goa is the only Indian state with a single civil code.
- All Goans are subject to the Portuguese Civil Code of 1867, which is still in effect today despite India gaining control of the territory in 1961, regardless of their religion or heritage.
- The same set of civil laws will be applied to you if you live in Goa, regardless of whether you are Hindu, Muslim, or Christian.
What status does the UCC have under the Constitution?
- As one of the Directive Principles of State Policy, Article 44 of the Constitution requires the government to work to ensure that citizens have access to a consistent civil code across the entirety of India.
- However, since India’s independence, governments have permitted a variety of civil laws with a religious foundation to survive.
- The term “uniform” rather than “common” is used in Article 44 of the Constitution because “common” implies “one and the same in all conditions” whereas “uniform” denotes “the same in similar settings.”
- Despite the possibility that separate individuals may have distinct rules, a group’s laws should all be the same. Such a classification is valid even in light of Article 14’s equality clause.
- Civil disputes include those resulting from contracts or the buying and selling of products, services, or real estate, as opposed to disputes concerning public rights.
- Even the phrase “code” does not always refer to a single law that is relevant in every situation. It can be alluding to a single law like the Indian Penal Code or to the Hindu Code Bill, which consists of three distinct Acts.
- The state “must endeavour through necessary legislation,” according to Article 43, however this phrase is absent from Article 44.
What position on UCC has the judiciary taken?
- The courts have frequently decided in their rulings that the government should transition to a UCC in order to bring uniformity.
1985’s Shah Bano Case
- After a divorce, maintenance was only required to be paid up until the iddat term under Muslim personal law. (approximately three lunar months, or 90 days).
- However, the wife was entitled to maintenance for life or until she remarried under Section 125 of the Criminal Procedure Code, which applied to all citizens.
- Shah Bano, 73, was refused aid after her husband divorced her using the triple talaq technique, which involves pronouncing “I divorce thee” three times. Her husband objected when she demanded a living allowance, claiming that he had complied with all legal requirements under Islamic law.
- Shah Bano received relief from the Supreme Court, who also ordered him to regularly pay support.
- The government that was in power at the time overturned the ruling by passing the Muslim Women (Protection on Divorce Act) in 1986. According to this law, the maintenance time is only the responsibility of the iddat term. The magistrate had the authority to order the Wakf Board to provide sustenance for the violated mother and her dependent children under the new law if she was unable to care for herself and them.
Case of Sarla Mudgal:
- In this instance, the issue at hand was whether a husband who had previously been wed in accordance with Hindu law could get remarried after converting to Islam.
- According to the court, only one of the grounds listed in the Hindu Marriage Act of 1955 may be used to annul a Hindu marriage that has been solemnised in accordance with Hindu law.
- A second marriage that is solemnised after converting to Islam would be illegal under section 494 of the Indian Penal Code because the Hindu marriage is not automatically void under the law (IPC).
Case of John Vallamattom:
- In this case, John Vallamattom, a Keralan priest, questioned the legitimacy of Section 118 of the Indian Succession Act, which has an impact on non-Hindus in India. The unjustified limitations put on Christians’ ability to donate property to charities or for religious purposes, according to Mr. Vallamatton, constitute discrimination under Section 118 of the Act.
- The bench declared the clause to be invalid and illegal.
What advantages does UCC offer:
- True Secularism is encouraged: A secular republic must have a common law that is applicable to all of its citizens rather than implementing separate laws for various religious practises. Secularism is stated to be the ultimate goal in the Preamble.
- Making the Laws Simpler All of the intricate rules governing marriage, inheritance, succession, and adoption will be streamlined and harmonised by the code.
- Promotes Equity Under a single civil code, everyone should be treated equally regardless of the group they belong to. All citizens will then be subject to the same civil law, regardless of their allegiance with a particular faith.
- encourages a country’s integration By removing various allegiances to laws with competing ideologies, a common civil code will further the cause of national integration.
- encourages gender justice Most religions have discriminatory personal laws for women, as is well known. When it comes to concerns of succession and inheritance, men frequently have more rights. Equal rights for men and women will result from a civil code that is consistent.
- While Muslim women are only permitted to have one husband, Muslim men are permitted to have several wives.
- Despite a 2005 change to the Hindu Succession Act, women are still seen as a part of their husband’s family after marriage. Because of this, when a Hindu widow goes away without leaving a will or any heirs, her assets are immediately assigned to her husband’s family.
- The Hindu Minority and Guardianship Act gives preference to fathers and refers to them as “natural guardians.”
