top of page

UNIFORM CIVIL CODE– A BRIEF ANALYSIS

ABSTRACT

“This study focuses on the idea of the Uniform Civil Code and its legal implications. The Uniform Civil Code's core provisions, meaning, and related legal theories and concepts are all examined in this study.

The introduction to the Uniform Civil Code, which explores its history and outlines the idea behind it, is the first section of this article. This part also looks at whether the Uniform Civil Code is necessary or desirable, if it should be accepted, and its benefits and drawbacks. The Uniform Civil Code and constitutional protections are then discussed in more detail. This investigation comes to a finish with a number of recommendations and findings. The relationship between the Uniform Civil Code and secularism, as well as how the adoption of the Uniform Civil Code may cause the nation to become fragmented and the collapse of peace and harmony among the people, are all examined in this piece as we get closer to the research study's main subject”

Keywords: Uniform Civil Code, Personal Laws, Secularism, Constitution, Judiciary


INTRODUCTION

“A contentious issue is India's quest for a unified set of norms to replace personal laws based on the teachings and customs of each significant religious group there.

In India, an unified set of laws governing all citizens is intended to take the role of individual laws based on the scriptures and customs of each major religious community. This adage is extremely important in India because it's important to remember that religious conflicts led to the division of India and Pakistan. Political institutions have historically used religion as a weapon and as a source of conflict. The Israeli-Palestinian conflict involves religion. In India, several personal laws apply to various religions. For instance, in terms of marriage, divorce, and child support, the Hindu Marriage Act of 1956 applies to Hindus, Sikhs, Jains, and Buddhists.

In contrast to Muslims, who are subject to Islamic law, Christians are governed by Christian laws. There are three main schools of personal law in India: Hindu, Christian, and Islamic. According to the Unified Civil Code (UCC), all religious groups in India should be subject to a single body of legislation that governs matters like marriage, divorce, inheritance, and adoption. Article 44 of the Constitution serves as the foundation for the law, which mandates that the government make every effort to guarantee that everyone in India has access to a uniform civil code.”


RESEARCH METHODOLOGY

The research approach used for this project is doctrinal. It requires gathering information from several authoritative writers' publications on the subject.

This approach allows for the collection, evaluation, and comparison of recent literature. To begin with the inquiry, fundamental research and in-depth knowledge were required for the issue. The most important components of your proposal are strengthened with the help of the doctrinal research approach, further simplifying the goal.

In this study, secondary materials were used to further learning and comprehension of the issue, including publications, research papers, travel, and media stories.


LIMITATIONS OF THE RESEARCH

Because the data utilised was secondary, there was uncertainty, which made it more challenging to make a decision.

Pandemic: Finding the required study resources became challenging due to the peculiar conditions.


BACKGROUND OF UNIFORM CIVIL CODE AND ORIGIN

“The Directive Principles of the Indian Constitution's Article 44 were passed to end discrimination against weaker individuals and to unite various cultural communities throughout the nation.

Despite the fact that a UCC is desirable, Dr. B R Ambedkar, who drafted the Constitution, believes that it should be optional for the time being. As a result, Article 35 of the draft Constitution became Article 44 of Part IV of the Directive Principles of State Policy in the Indian Constitution. It was included in the Constitution as a prerequisite that would be satisfied if the nation was prepared to accept it and the UCC attained widespread acceptance. "No one need be frightened that if the State has the authority, the State would promptly proceed to execute...that power in a manner that may be deemed undesirable by the Muslims, Christians, or any other community," Ambedkar asserted in his speech to the Constituent Assembly. “If it did, I believe it would be a lunatic government.

The UCC has its origins in colonial India, when the British administration released a report in 1835 emphasising the necessity for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, and expressly recommended that personal laws of Hindus and Muslims be excluded”. Following the end of British control, the government created the B N Rau Committee in 1941 to codify Hindu law in response to a rise in legislation addressing personal issues. The duty of determining whether common Hindu laws were necessary fell to the Hindu Law Committee. The group promoted a formalised Hindu government that would defend women's rights in accordance with the Vedas.”

OBJECTIVES

1. To be aware of the practical challenges involved in adopting a uniform civil code.

2. To examine if the uniform civil code violates Article 25 of the Indian Constitution.


RESEARCH QUESTIONS

1. Is the idea that UCC can achieve gender equality a kind of illusion?

“It was commonly believed that all women, regardless of social standing, network, or class, would be affected by the rape and dowry issues that were the emphasis of the women's development movement. Many female activists believed that in the face of a male-dominated culture and state, sexual orientation problems could be stated plainly and forcefully. Legislation pertaining to assault and settlement was enacted and amended without much consideration for a person's status, network, or class. Due to the fact that women of all ranks, networks, and classes are susceptible to assault and sharing to varied degrees, some of the worries about attack and endowment are essentially sexual orientation issues.”

“Finally, there is a connection between the maltreatment and abuse based on sexual orientation in terms of station, network, and class. The discussion around the Indian Uniform Civil Code has brought this interconnectivity to light more clearly. The dispute over the concept of a UCC in India has included discussions of women's equality under the specific rules of many stringent networks in addition to the mainstream state versus strict patriotism. Questions regarding the fairness of sexual orientation have regularly come up in the discussion of the UCC. In this regard, it is challenging to approach the issue of gender equity in India without considering the UCC controversy. Any documentation of the discussion regarding the UCC without taking into account the issue of sexual orientation disparity is also included in those remaining parts”.


2. "Goa is the only Indian state with a Uniform Civil Code since it has a common family law." Do you believe it is hostile to ancient Indian civilization and culture?

“Since India's family laws mainly rely on strict and customary law, a standard civil code should not be enforced. Everyone holds that whatever is stated in their religion and in particular laws should be followed in their region. Some people also hold that their laws, customs, and conventions are accurate, while others may hold the opposing view. It is a breach of their basic right to "the possibility of silent, little voice, practise engendering of religion," as protected by Article 25 of the Indian Constitution, for individuals who feel that a convention or custom is unfair. Because everyone in India believes their traditions are ideal and should not be changed, the mixing of religious practices presents problems for the government and for society.

It is wrong to sanction one group's traditions on another, and the vast majority of the network—whether Hindu, Christian, or Muslim—are reluctant to support civil laws that separate religious traditions. As a result, I believe that India should not implement a single civil code since doing so will spark uprisings and violate many people's basic rights. The development of a unified civil code for the entirety of India is viewed as crucial since it promotes national cohesion, reliability, and abides by the tenet of "one resident, one law." In any case, this continued to be an issue because we live in a majority-rule nation where several social classes formerly lived and had their own laws. We risk violating all Indian inhabitants' fundamental rights if we impose one set of laws on them all. The privilege of that person will be violated since some people may think the law is right while others may think it is wrong.”

LITERATURE REVIEW

“The link between law and religion prevents the Indian government from changing religious personal restrictions, denying Indian women legal equality.

Secularism has long been a component of India's democracy, notwithstanding ongoing debates over its benefits and downsides. The future uncertainties of secularism have been carefully examined. The "uniform civil code of India '' refers to the idea of an uniform Civil Law Code in India. The question is whether the UCC surpasses people' right to be controlled by distinct personal laws based on their religion or ethnicity if it controls everyone regardless of faith. India's parliament has a measure that will create a unified civil code.” “But owing to resistance, it was never made into law. Islam does not recognise adoption, thus it would be against Article 25 of the Constitution, which guarantees the right to practise and profess any religion, according to the reasoning. Only the behaviours that are essential and basic to any faith are protected by Art. 25. In Arabia before the advent of Islam, adoption was a common practise.

Article 38 (2) states that the state shall endeavour to eliminate all forms of inequality . A Uniform Law will therefore only aim to do away with the status disparity between Hindu and non-Hindu adopted children. This book examines the connections between legal, cultural, and religious concerns in light of numerous intra- and inter community challenges. International Journal of Pure and Applied Mathematics Special Issue. There have also been a lot of suggestions and things to think about made. There have also been a lot of suggestions and things to think about made. The author claims that India has suffered because the Uniform Civil Code has been disregarded for a very long period. The necessity of it is thus discussed in this essay. This book's author believes that an unified civil code is an underappreciated subject that merits further consideration.”


CONSTITUTION OF INDIA ON UNIFORM CIVIL CODE

“The main problem is that, if the authors of the Constitution meant for a uniform Civil Code to be applied throughout India, they should not have included it as a part of the Directive Principles of state policy under Article 44 of the Constitution.

Directive Principles of State Policy, or simply instructions to the government, are included in Part IV (Articles 36 to 51). They are not enforceable in court and are not needed to be followed. They are only constructive duties on the part of the government that will support efficient leadership. Unambiguously stated in the Preamble is India's status as a democratic, secular republic. This demonstrates that there is no recognised religion. Anyone should be protected from discrimination in a secular state regardless of their religious affiliation. A religion solely cares about the interaction between people and God. It implies that one's daily life should not be impacted by their faith. The goal of an unified Civil Code is causally and tangentially related to the secularisation process.

In the case of S.R. Bommai v. Union of India, Justice Jeevan Reddy argued that religion is a matter of personal belief that cannot be mixed with secular pursuits and can be regulated by the state by passing legislation. The lack of an official religion, or, to put it another way, the fact that the state does not discriminate against people based on their faith, suggests that there is no official religion. The Indian Constitution's Articles 25 and 26 safeguard freedom of religion and the ability to establish religious law as enforceable basic rights. Similar to Article 43, Article 44 mandates that the state should make all reasonable efforts to ensure that India has a uniform civil code but is not enforceable in a court of law. The legislation that governs the populace is known as the uniform civil code, and it does not discriminate against anyone based on their faith.

A number of worries and criticisms surface as a fresh idea matures and gains popularity. What would make up the Uniform Civil Code was a major question that arose with the consolidation of personal laws. Because the personal rules of each religion differ from one another, their merger will not only arouse public discontent but also hostility. As a result, rules that strike a balance between the defence of fundamental rights and the religious beliefs of the diverse groups that exist in the nation will need to be included in the Uniform Civil Code. Legislation can be used to control certain secular concerns, including marriage, divorce, and child support.”


LANDMARK CASES

Mohd. Ahmed Khan v. Shah Bano Begum CASE

“The Supreme Court addressed the question of maintenance under Section 125 of the Code of Criminal Procedure when Shah Bano's husband proclaimed talaq against her. In his judgement, Chief Justice YV Chandrachud stated that the Parliament should specify the conditions for Uniform civil code since it is a tool that promotes national unity and equality under the law. Regardless, the government overlooked the issue, passing the Muslim Women's Protection of Rights on Divorce Act in 1986.”


Sarla Mudgal v. UOI

“The Supreme Court, in the case of Sarla Mudgal, President, Kalyani, and others against Union of India and others, advised the government to acquire a Uniform Civil Code based on the Hindu paradigm in order to protect the abused and create national cohesion.

Both Lily Thomas vs. Union of India and ABC v. State of Delhi was treated similarly.

The Supreme Court emphasised the importance of UCC in terms of succession in the former

case, while the Supreme Court determined that, despite the fact that the Guardian and Wards Act of 1890 did not recognise Christian single mothers' rights, a single Christian mother was clearly eligible to petition for sole guardianship of her child without the permission of the natural father in the latter case. The lack of a single civil law in this case created difficulties, according to the court.


PROS AND CONS OF UNIFORM CIVIL CODE

ADVANTAGES:

”Gender Equality: By establishing a uniform civil code throughout the nation, gender discrimination will be eradicated. In many faiths, males, for instance, control inheritance, marriage, and other aspects of life.