Breaking Barriers: Why a Uniform Civil Code is the Future of India” | 5 Reasons Why India Needs UCC Now

All the laws in India are applied to all the citizens with uniformity but the only exception to this uniformity is the personal laws. Personal laws vary from religion to religion. Every religion has its own personal laws in India which causes a lot of problems. This creates the need for a Uniform Civil Code in India.

Introduction

India, a land known for its diversity, is also a country where personal laws governed by religious customs often lead to disparities and inequalities. The Uniform Civil Code has been a topic of heated debate for decades, sparking discussions on gender equality, national integration, and legal uniformity.

What is the Uniform Civil Code?

 Article 44 of the Indian Constitution talks about the Uniform Civil Code. This Article talks about bringing a Uniform Personal Law for all religions be it Hindu, Muslim, Sikh, Christian, Parsi or any other.

But a country like India where there are 110 Crore Hindus,20 Crore Muslims,4 Crore Christians, and 3 Crore Sikhs. In such a case would it be so easy to bring a Uniform Personal Law?

History of Personal Laws in India

The personal laws have a deep history in the culture and politics of India.

The Hindus had Shastra. Whose interpretation was done by Brahmins and executed by the King. Whatever was the case, the answer for them all was given in the Shastras.

Similarly, the Muslims had Sharia Law. which was interpreted by the Kazis and the Nawabs executed it.

Now, when the East India Company came, they enforced English Common Law on their English subjects. For which courts were established. But when it came to solving the dispute of the Indian subjects, then the question arose of which law would be followed. Both Brahmans and Qazis were called to interpret the Shastra and Sharia law.

Then till 1862 high courts were established in different parts of India. And many different religious laws were also being made like Hindu Widow Remarriage Act, Hindu Women’s Right to Property Act, Hindu Inheritance Act, etc. Similarly, laws were also codified for Muslims.Like the Muslim Personal Law Application Act, Dissolution of Muslim Marriage Act, etc.

 So, till 1946, when the Indian Constitution’s drafting committee was set up this was the progress till then.

Current status of personal laws in India

Currently, personal laws in India are governed by specific religious communities, leading to different rights and obligations for individuals based on their religious beliefs. This has often resulted in conflicts and injustices.

how did Article 44 come?

When the drafting committee was set up a plan was made to bring in the Uniform Civil Code and a lot of debate was done on it. The draft had UCC in Article 35. During the discussion, Mohammad Ismail asked to add a proviso in Article 35. Which says that”Any group, section or community” will have any obligation to give up their personal law.”Some members said that should be a part of Fundamental Rights. And some opposed it.

Finally, with a majority of 5:4, it was decided that the Uniform Civil Code would be kept under the Directive Principles of State policies. And when the constitution was enacted UCC was covered under Article 44.

In what areas do we need Uniformity?

• the first one is IPC’s section 494. Which says that “While having a living spouse””If someone does a second marriage, then it is a crime.”There is only one exception to this uniform law if a man is a Muslim then he can do up to 4 marriages.
•  In Hindu law, an irretrievable breakdown of marriage is not a valid ground for divorce.
• Hindu women inherit an equal share of property. Where Muslim women, compared to male relatives can inherit less than half the share.
• Muslim women cannot claim maintenance for a long time like other Indian women.
• Indian law prescribes a uniform age for marriage for all religions, which is 18 for girls and 21 years for boys. If marriage is done under this then it is child marriage and it is prohibited. But one religion is allowed.

Is UCC a Hindu-Muslim Debate?

This whole issue is to remove such laws from society that are discriminatory, and derogatory, which without any law or logic, are clearly wrong. The Uniform Civil Code is a proposal to replace personal laws based on religious scriptures with a common set of laws governing every citizen of India. It aims to provide equal rights and opportunities irrespective of religion, gender, or caste.

Why do we need a Uniform Civil Code?

As a citizen of a free and democratic country, we should ensure that all citizens should have equal rights in all spheres. UCC is the tool to ensure that all citizens have equal rights and that discrimination should not be done on the basis of religion. UCC does not impose any danger to the diversity of the country.

with the arrival of UCC or by Supreme Court’s interference in personal law there is no danger to diversity.It will not end the diversity. For example, uniformity does not mean that everyone will have to take 7 rounds to get married. Uniformity in the sense of marriage can mean that from now on everyone will have to register their marriage.

 it is very important to understand that the Constitution is supreme and personal law has to be changed according to the Constitution.

Important Cases on Uniform Civil Code

Here are some important cases of personal laws in Indian Legal history:

1. State of Bombay vs Narasu Appa, 1952 – a man was punished for Bigamywhich means to get married twice under this law. Convict said that this punishment and law are against my religion. Because I didn’t have a son from my first wife and according to my religion if my son doesn’t do my last rites, I won’t get salvation. And Hindu religion at that time used to say that if you are not getting a son from your first wife you do a second marriage. The court rejected all the arguments declared the act valid and punished the person for Bigamy.
2. Mohd. Ahmed Khan vs Shah Bano case, 1985 -.In this case, Shah Bano after 40 years of marriage and after 5 children was given divorce. So, in Indian law, there is a provision in CRPC’s section 125which provides maintenance protection to Indian women. After the divorce, Shah Banoalso claimed maintenance under section 125. But her husband filed an appeal against this maintenance. The 5 judges’ bench of the Supreme Court and that is why it is called a landmark case. Supreme Court clearly stated that”Even Muslim women are entitled” to protection under section 125 of CRPC.”Along with this, it also stated by commenting on Article 44 that “if a uniform civil court comes” then it will work for national integration” and” will provide a better solution in the time of conflicting ideologies.”The government at that time overturned Such a progressive judgment and changed it by passing the Muslim Women Act. This act states that Muslim women cannot claim protection under Section 125 & they cannot demand maintenance under CRPC.
3. Shayara Bano vs UOI, 2017 –  also called Triple Talaq judgment. In this case, Shayara Bano’s husband pronounced Triple Talaq and divorced her. Against which Shayara Bano filed a writ petition in the Supreme Court and challenged three practices of Muslim law which are- Nikah Halala, Polygamy and Talaq e biddat. Saying that these three practices are derogatory and discriminatory. Against this, the All India Muslim Personal Law Board said that because Muslim personal law is not codified it should get protection under Article 25 of the constitution which means the the judicial review of Muslim personal law cannot be done and it can’t be challenged in the court. In this case, the Supreme Court with a majority of 3:2 declared Talaq e biddat or triple talaq as unconstitutional because it is not an essential religious practice. Along with this, SC said that if the Nikah Halala and polygamy also have to be declared unconstitutional then the Parliament has the correct authority.

Difference Between Fundamental Rights and DPSPs

The most flop-side of the UCC that is coming out is that can UCC be enforced. UCC is a part of the Directive Principle of State Policy (DPSP) which is not legally enforceable…

when the country was getting independent then we had a lot of limitations in front of us. Economic limitations, social, and cultural, a lot of problems.So, at that time, all the important rights we guaranteed and protected under fundamental rights. And we thought that as the country develops and progresses we will adopt new rights.

So, which will be those rights? We wrote them in DPSP. Its biggest example is the Right to Education. So, for the longest time legislators and commissions felt that the country had not developed, or progressed enough that we could provide free and compulsory education. Then they understood that until we don’t make education compulsory, the country will also not progress. As soon as this was realized an amendment was made and the right to education was incorporated into fundamental rights. So, as the country progresses new rights are adopted.

Pros & Cons of Uniform Civil Code…

Here are some of the highlighted Pros and Cons of the Uniform Civil Code

Cons:

• The biggest con is the mass perception of this law that UCC is against people’s religious freedom
• It is a tough and sensitive task to implement UCC.
• Practical difficulties due to diversity.

Pros:

• It will provide gender equality
• It will provide equal status to all the citizens.
• To promote national integration
• It will give the scope to bring reforms and transformation in existing personal laws.

Significance of the Uniform Civil Code in India

The implementation of a Uniform Civil Code would ensure that all citizens are subject to the same set of laws, promoting equality and justice. It is seen as a step towards creating a more unified and inclusive society.

Conclusion

In conclusion, the urgency of implementing a Uniform Civil Code in India cannot be understated. It is a crucial step towards ensuring equality, justice, and unity in a diverse nation like India. By addressing the controversies surrounding this issue and taking decisive action, India can move towards a more equitable and cohesive society.