All about the Uniform Civil Code
- It establishes a single rule that applies to all religious communities nationwide for their private affairs, including marriage, divorce, inheritance, adoption, and other situations.
- Article 44: It states that the state must work to ensure that every citizen of India has access to a UCC.
- The Sardar Vallabhbhai Patel-led Subcommittee on Fundamental Rights determined that obtaining a UCC did not fall under the purview of fundamental rights.
- Bengali member Naziruddin Ahmad: Article 19 of the proposed Constitution—now Article 25—would be obstructed by UCC (which provides the right to freedom of religion subject to public order, morality, and health).
- M. Munshi, a member: UCC will support women’s equality and national unity.
- R. Ambedkar: He clarified that the Article would not force a UCC on any citizen, but rather “merely” suggested that the state make an effort to get one.
The Constitution’s Article 44:
- The state would make an effort to provide all Indian people with a standard civil code.
- The wording of Article 44 makes it clear that the writers of the Constitution believed the UCC served the interests of the country.
Three essential sources provide UCC with legitimacy:
- India’s Constitution: The fundamental tenets of the UCC are justice, gender equality, and secularism. The Constitution acts as a beacon of guidance.
- Debates held in the Constituent Assembly: These discussions provide important context for understanding the motivations behind the push for a common civil code.
- rulings from the Supreme Court: They have continuously emphasised the importance of the Constitution and its core principles.
- while resolving disputes between customary practices and fundamental rights and interpreting personal legislation.
Advantages of UCC:
- In situations including divorce, maintenance, adoption, and succession, UCC can provide protection from discrimination.
- To promote equality and guarantee justice for everyone, the UCC aims to create a common set of civil laws that all citizens, regardless of their culture or religion, must abide by.
Court position:
1995’s Sarla Mudgal Case: The court stated:
- Article 44 has been in cold storage since 1949, and it doesn’t seem like the ruling class is in the mood to take it out.
- To far, no attempt has been made by the governments to create a single personal law for all Indians.
- Case (2018) of the Indian Young Lawyers Association:
- The ability to exercise one’s religion freely in a way that aligns with the principles outlined in Part III (Fundamental Rights) of the constitution is one of the top priorities.
- Personal laws ought to be in line with the rights to gender equality, the right to live in dignity, and the constitution.
- The protection of the numerous liberties that the Constitution guarantees to every citizen is made possible by the primacy of basic rights over customary law.
Arguments supporting UCC:
- Case uniformity: The Criminal Procedure Code, Civil Procedure Code, and other similar laws in India provide consistency in the majority of criminal and civil proceedings.
- Gender Justice: Personal laws will be abolished in the event that a UCC is passed. It will eliminate gender discrimination in current legislation.
- Secularism: Rather than having various laws for each individual based on their religious beliefs, a secular country should have a single law.
- Different communities in India: For instance, even after the passage of the Hindu Code Bill, all Hindus are not subject to a single personal law.
- Shariat Act: Neither the Muslim personal law nor the 1937 Shariat Act have a uniform application.
- The Hindu Marriage Act of 1955 forbids marriages between immediate relatives, however in southern India, such unions are lucky.
- Hindu Succession Act of 1956: Wives do not inherit equally from their husbands or fathers, nor are they coparceners—a person who shares an undivided estate equally with others.
Arguments against UCC:
- Plurality in already codified criminal and civil laws: As a result, different communities’ unique personal laws cannot be covered by the idea of “one nation, one law.”
- Experts in constitutional law: The framers did not aim for complete uniformity.
- As an illustration, personal laws were added to the Concurrent List, giving Parliament and State Assemblies the authority to enact laws.
- Customs: Many of the nation’s ethnic tribes uphold their own set of customs, independent of their religious beliefs.
- Communal Politics: It is believed that the argument for a unified civil code is made within the framework of communal politics.
- Article 25: The freedom to practise and spread any religion is protected.
Law Commission on UCC:
- A unified nation did not necessarily require “uniformity,” as secularism could not stand in opposition to the nation’s prevailing plurality.
- UCC: At this point, it is neither required nor desired.
The Law Commission’s recommendation is:
- It is important to research and modify any discriminatory behaviours, preconceptions, and stereotypes found in a particular religion’s personal laws.
- Setting the age of marriage to 18 for both boys and girls: To ensure equitable marriages
- Encouraging men and women to file for divorce on the grounds of adultery would streamline the divorce process.
The Way Ahead:
- Because they were afraid of offending some voters, governments in the past were unable to gather the guts to enact the UCC.
- It is imperative that opposing parties acknowledge their potential to contribute positively to the seamless execution of UCC.
- Politicians who are against the UCC should recognise that the Constitution, not any religious text, is the foundational document of Indian administration.
- Regardless of their religious affiliation, all citizens should be treated equally and have their fundamental rights protected, according to the UCC, which aims to harmonise personal laws.
- The UCC is a tool to establish a fair and cohesive legal system that preserves the values outlined in the Constitution, not a move to weaken or marginalise any particular faith minority.
