Introduction
Concept of UCC
Landmark Judgments
Challenges to implement UCC
Secularism and UCC
Conclusion
INTRODUCTION
The three words that are enough to change the personal laws in India are the Uniform civil code. It has become the most debated topic in the country. But what is a uniform civil code in reality? Article 44 of the Indian constitution says that the state should move towards securing a Uniform Civil Code for its citizens. The government has not released any official proposal of what would a Uniform civil code be. People have formed different conclusions about UCC. Some of them are influenced by their religious beliefs, some have formed their views by the influence of political parties and the educated youth believes the UCC to be an asset by relying on the Supreme Court’s judgments.
CONCEPT OF UCC
Uniforms civil code from its name indicates that it would bring Uniformity. UCC would bring uniformity to our Personal Laws. In India, we have different personal laws for different religious communities. We have 3 different laws that are Hindu Law, Muslim Law, and different personal laws for Christians. These laws are very different from each other and do not grant equal rights to citizens. For example: The Hindu Succession Act 1956 gives equal coparcenary rights to men and women whereas Muslim women do not have equal coparcenary rights as compared to men. The Hindu Adoption and Maintenance Act of 1956 grants equal rights of adoption to women and also grants the right to maintenance after divorce. Muslim women do not have any right to maintenance under Muslim law after Iddat period. Muslim women also do not have equal rights to adoption. Hindu women have various grounds for divorce under the Hindu Marriage Act 1955 but under Muslim law Muslim women do not have any right to divorce unless their husband grants her permission to do so. There is no ground for divorce based on an Irretrievable breakdown of marriage for Christians. The High Court of Arunachal Pradesh held that there was no provision in the Divorce Act, of 1869, which allows the spouse to seek divorce under the ground of irretrievable breakdown of marriage. Bigamy is illegal in both Hindu law as well as in the laws of Christians but the Muslim men can marry 4 women at the same time. These differences in the personal law demand for a Uniform Civil Code to bring uniformity in the laws and grant equal rights to all the citizens of India. Article 14 of the Indian constitution says that the state should treat every person equally and provide equal protection under the law. Thus to provide each and every individual equality before law it is essential to bring a uniform civil code.
LANDMARK JUDGMENTS
In the Sarla Mudgal V. Union of India, A Hindu man converted into a Muslim to marry another woman. He had married his first wife under Hindu law. The Supreme Court in this ruled that a marriage solemnized under Hindu law could only be dissolved under Hindu Law. The husband started living with his first wife again. Now another problem that rose was that Muslim women do not have any right to divorce. The second wife moved the court to seek justice. Here the court said that there was a need for a Uniform Civil Code to bring uniformity in personal laws so that the people could not miss using the personal laws. Kuldip Singh, J. said that The State shall try to secure for the citizens a uniform civil code throughout the territory of India as it clearly a mandate under Article 44 of the Constitution of India which seeks to introduce a uniform personal law – a pivotalstep towards public good. A similar drawback in personal laws was also seen in the Shah Bano Begum case known as the “Maintenance case”. Muslim women do not have the right to maintenance after divorce. In this case, Shah Bano filed a petition for maintenance and the Supreme Court granted her maintenance under section 25 of CRPC which is a codified law. Here also the court said there is a need for a Uniform Civil Code and that Art 44 of the Indian constitution has remained a dead letter. So to grant equal rights to the citizens and bring uniformity in personal laws a Uniform Civil Code is a must.
CHALLENGES TO IMPLEMENTING UCC
On the other side bringing a uniform civil code in India is not an easy task. India is a country with diverse cultures and religions. There are many beliefs of the people which they have been following for centuries. Art 25 and 26 of the Indian Constitution provide for the right to freedom of religion. The preamble of our Indian constitution also includes the word “secularism”. The opponents of UCC raise concerns that the introduction of UCC might disrupt their cultural and religious practices. They argue that personal laws are an integral part of their religious identity and that imposing a common civil code might infringe upon their religious freedoms. Critics worry that the UCC could undermine the essence of secularism by appearing to favor a homogenized legal framework over religious diversity. People have formed a negative attitude towards UCC due to the negative propaganda of the opposition parties. They simply miss guide the people and use all of this as vote bank politics. They simply provoke the people against the ruling party to gain votes. Opposition parties make up their statements and miss guide the people that UCC would infringe their religious rights and is against secularism. But this is not the case. The central government has not released any official proposal of what UCC would be.
SECULARISM AND UCC
Secularism is a fundamental principle enshrined in our Indian constitution. It simply means that the state does not favor any religion and guarantees individuals the freedom to practice and profess any religion of their choice. The secular character of the Indian political system means that the state does not favor any religion and stays neutral. It treats all religions equally under the law. It also makes sure that religion does not influence state affairs and public policy. Implementing UCC would not mean that the state imposes any particular religion on the people. It would not mean that the Muslims would be forced to perform Saptapadi or the Hindus would be forced to perform Nikah. A Uniform Civil Code would simply ensure uniformity in the laws so that all the citizens in India irrespective of their religion, caste, sex, etc. are given equal rights and are treated equally before the law. UCC would not hinder the religious practice of the people instead it is an effort made by the government to eliminate tribal, caste, gender, or community difference. It is evident in the laws governing women’s rights in personal matters like marriage, divorce, and inheritance, which are governed by religion-specific laws. A Uniform Civil Code stop religious atrocities against women and help grant them equal rights. The major benefits of implementing the UCC would be eliminating discrimination on religious grounds, and ensuring that every religion is treated equally.
CONCLUSION
It is high time that a uniform civil code in India should be introduced so that all people have equal rights irrespective of their religion or gender. It will ensure that the Indian Constitution’s fundamental rights are upheld consistently, regardless of religion. Not only the women have hope from UCC but also some minority communities like the LGBTQ community also have hopes that their community too would be treated equally as others. Implementing UCC would be challenging in India but it would surely bring a positive change in India.
Author: Anshika Nayyar
Designation: Student of BA LLB 3rd year
College: Panjab University Regional Centre Hoshiarpur
