This Article is written by Aryan Harshraj, a Fifth-Year Law Student of Jiwaji University, Gwalior

Introduction

The Uniform Civil Code in India has been a comprehensively debated topic since 2019 and its relevancy is discussed in the Indian socio-legal landscape. The petition was filed to seek to aid national integrity and gender justice, equality, and dignity of women. The Uniform Civil Code is foresight to contribute to a uniformly structured society and its administration.

What is the Uniform Civil Code Bill?

[1]After independence, Dr. B.R. Ambedkar recommended a uniform civil code to be included initially in Article 35 of the Constitution of India, 1949 in the constituent assembly debates.

In India, The Uniform Civil Code Bill, 2018 is legislation proposed by the Bharatiya Janata Party (BJP) in 2018.

In November 2019, This Bill was first proposed by Narayan Lal Panchariya in Parliament to provide a common civil code or common law for every citizen residing in India irrespective of their religion, race, caste, etc. in the whole territory of India, but it was withdrawn due to opposition protests.

Later in March 2020, Kirodi Lal Meena brought the bill again in Lok Sabha.

The Critics' Arguments

Critics argue that UCC abridges the fundamental right to religious freedom provided by Article 25 of the Constitution. Also, UCC's potential infringement on the right of minor communities to preserve their distinct culture is granted under Article 29 of the Indian Constitution. Enforcing the Uniform Civil Code will interfere with the practice of personal laws and customs followed in India by different communities. Some critics imply that the UCC might impose a ‘Hinduised’ code on all communities.

Some experts on constitutional law contend that it's possible the founders of the Constitution did not intend for personal laws to be completely consistent. They point out that Entry 5 of the Concurrent List, which denotes the legislative authority shared by the State Assemblies and the Parliament, designates personal legislation.

Matters related to personal laws are deeply rooted in the religious and cultural identities in India. Achieving this balance requires comprehensive legal reforms that are sensitive to the needs and rights of all citizens.

Infavour of UCC proponents quoted that UCC would promote gender equality and social harmony, while critics keep emphasizing the importance of religious and cultural diversity and the need to preserve it. To achieve this balance extensive legal reforms are required.

Supreme Court’s Views on Uniform Civil Code

[2]In the Shah Bano case of 1985, the Supreme Court ruled that under Section 125 of the Criminal Procedure Code, Muslim women were entitled to support after the iddat period. and said, "As a tool that promotes national harmony and equality before the law, Parliament should lay out the parameters of a common civil code." Contradictions rooted in particular theological philosophies would be eliminated with the aid of UCC.

In the Sarla Mudgal Case of 1995, the Supreme Court ruled that a Hindu Husband, cannot enter into a second marriage without dissolving his first marriage by converting to Islam and directed the Ministry of Law and Justice to reflect the steps taken and efforts made, by the Government of India, towards securing a “uniform civil code” for the citizens of India.

In the case of Pannalal Bansilal Patil v. State of Andhra Pradesh (1996), the Supreme Court said that a uniform civil code, though highly desirable, and integrity of the nation if enacted all at once.

The landmark Shah Bano case of 2015 brought the issue of religious equality and uniformity in personal laws. The Supreme Court’s judgment declared triple talaq unconstitutional in the context that it violated the fundamental rights of equality of Muslim women. The verdict emphasizes the urgency of UCC to address equality in gender and religious discrimination and ensure uniformity in marriage and divorce.

In the landmark case of Joseph Shine vs. Union of India of 2018, the Supreme Court struck down Section 497 of IPC relating to adultery because it violated Articles 14, 15, and 21 of the Constitution. The necessity of Gender Neutral Laws is emphasized by the Supreme Court and the enactment of UCC to address irregularities in personal laws.

In the famous Sabarimala temple Case (Indian Young Lawyers Association vs. State of Kerala) of 2018, the Supreme Court addressed the ban on the entry of women of menstrual age into the Sabarimala temple in Kerala. SC also highlighted the need for a UCC to harmonize conflicting rights and ensure gender equality across religions.

Uniform Civil Code in Goa

[3]After Goa’s liberation from Portuguese colonial rule in 1961, Goa adhered to a Uniform Civil Code known as the Portuguese Civil Code of 1867. The State of Goa shows that UCC could be easily applicable in India regardless of religion and this action proved that UCC could be implemented in India, even in a tiny state, which made it noteworthy.

Uniform Civil Code in Uttrakhand

[4]Recently on February 7, 2024, the State Legislative Assembly of Uttarakhand passed the Uniform Civil Code (UCC) Bill. This bill promotes gender equality by eliminating discriminatory practices of personal laws. It also addresses discriminatory customs like polygamy. The UCC's prohibition of LGBTQIA+ relationships raises questions regarding their rights and legal equality. The UCC may continue discriminating against LGBTQIA+ people by clearly defining live-in relationships as being between a man and a woman. This bill applies to all residents of Uttarakhand except the tribal community of the State. Some critics argued that the bill might abridge certain constitutional rights, specifically religious freedom and equality before the law.

Uniform Civil Code in Dominant Muslim Country

India’s approach to personal laws is a burning issue due to its diversity in the religious and cultural landscape. However, many countries with religious diversity still manage to adopt UCC. Turkey is a Muslim-majority country where UCC was adopted in the early 20th century which abolished Islamic provision and legal practices and in place instituted a secular legal system. Turkey is a “shining example” that UCC can be implemented even in a predominantly Muslim country.

Indian Constitution View on UCC

[5]Article 44 of Part IV of the Constitution of India says, “The State shall secure for the citizens a uniform civil code throughout the territory of India.” Article 44 implies that the state should aim for a UCC to promote uniformity and social justice. The Uniform Civil Code is included as a Directive Principle in the Indian Constitution as the provisions under DPSP are not legally enforceable. The balance between them revolves around individual rights to religious freedom considering the broader goals of equality, gender justice, and social cohesion.

Article 25 of Part III of the Constitution of India guarantees the freedom and right to freely profess, practice, and propagate their religion. But to some extent the right of religious freedom ensured by Personal law abridges the fundamental rights of equality and at that place, UCC establishes equality before the law.

Conclusion

UCC in its real spirit could bring radical shifts in society and it could establish secularism in the ambit of the country. But, the real problem lies with the misconception of the people about the UCC.

India is a nation with diverse cultures and customs where the journey from bill to law or code is rugged and due to the various personal beliefs of people, the enactment of UCC is delayed.

However, until that is done, Parliament and Courts should keep bringing small reforms to correct the inherent irrationality of a few provisions of personal laws and make them easily applicable and enacted for modern times.

References

● https://www.tscld.com/uniform-civil-code-a-critical-analysis

● https://eastasiaforum.org/2023/08/24/reigniting-debate-on-indias-uniform-civil-code/

● https://www.nextias.com/blog/uttarakhand-uniform-civil-code-ucc/#Concerns_with_Uttarakhand_UCC_Bill

● https://www.indiatoday.in/law/story/uniform-civil-code-challenges-and-debates-over-the-years-2393239-2023-06-15

● https://blog.ipleaders.in/uniform-civil-code-problems-prospects/

● https://www.ijfmr.com/papers/2024/2/14939.pdf

● https://www.criminallawjournal.org/article/67/4-1-13-452.pdf

● https://indiankanoon.org/doc/823221/

● https://indiankanoon.org/doc/1494202/

● https://indiankanoon.org/doc/733037/

[1] Garg R, ‘Uniform Civil Code : Problems and Prospects’ (iPleaders, 26 July 2021) <https://blog.ipleaders.in/uniform-civil-code-problems-prospects/> accessed 13 September 2024

[2] Kumar A, ‘Uniform Civil Code: A Critical Analysis’ (TSCLD, 11 March 2024) <https://www.tscld.com/uniform-civil-code-a-critical-analysis > accessed 13 September 2024

[3] Mathur A, ‘Uniform Civil Code: Tough Challenges and Raging Debates over the Years’ (India Today, 28 June 2023) <https://www.indiatoday.in/law/story/uniform-civil-code-challenges-and-debates-over-the-years-2393239-2023-06-15> accessed 13 September 2024

[4] NEXT IAS Team, ‘Uttarakhand Uniform Civil Code (UCC) Bill: Key Provisions, Significance & Concerns’ (NEXT IAS Blog, 16 May 2024) <https://www.nextias.com/blog/uttarakhand-uniform-civil-code-ucc/#Concerns_with_Uttarakhand_UCC_Bill> accessed 13 September 2024

[5] Prasanna A, ‘Reigniting “debate” on India’s Uniform Civil Code’ (East Asia Forum, 21 January 2024) <https://eastasiaforum.org/2023/08/24/reigniting-debate-on-indias-uniform-civil-code/> accessed 13 September 2024