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Uniform Civil Code in India: Suggestions, Challenges and Essay for UPSC Notes

The Uniform Civil Code is based on the idea of one country, one code that applies to all faith groups. Part 4, Article 44 of the Indian Constitution specifically mentions the term “Uniform Civil Code.”

Since the first petition was submitted in 2019 to demand the creation of a UCC to promote national integration and gender equality,  justice, and dignity of women, it has become a hotly disputed topic in India. Questions from it can be asked in the IAS Exam in GS-II (Governance), Mains GS-1 (Indian Society), Prelims, and also Essay papers.

This article will give you all the important notes and information about the uniform civil commission in India. The law commission reports behind the uniform code, when it was formed and why it was formed, all the data will be provided here.

Uniform Civil Code in India: UPSC Essay Introduction Paragraph

A Uniform Civil Code indicates that all members regardless of faith, society, will be treated equally under a national civil code that will be applied similarly to all.

They address topics such as inheritance, divorce, adoption, marriage, child support, and property succession. It is founded on the assumption that in modern culture, there is no link between law and religion.

Also Read: Uniform Civil Code: The Complete Guide to Important UPSC Notes  

Features Of Uniform Civil Code of Goa

# In Goa, the Uniform Civil commission is a progressive statute that allows for an equitable distribution of income and property between husband and wife, as well as children (regardless of gender).

# Every birth, marriage, and death must be legally recorded. There are numerous provisions for divorce.

# Polygamy and triple talaq are not permitted for Muslims whose marriages are registered in Goa.

# During the course of a marriage, the couple shares all of the property and wealth that each spouse owns or acquires.

# In the event of a divorce, each spouse is entitled to half of the property, and in the event of death, the surviving member’s ownership is halved.

# Parents cannot completely disinherit their offspring. A minimum of half of their assets must be passed on to the children. This inherited property must be divided among the children equally.

Also Read: How to Write an Essay? 9 Tips To Score Better in UPSC Essay Paper

Suggestions for Bringing Up a Uniform Civil Code

The following suggestions must be considered immediately in order to achieve the DPSP’s goals and maintain legal uniformity

# People should be encouraged to have a progressive and open-minded mindset in order to grasp the spirit of the UCC. Education, sensitization and awareness programmes must be implemented to achieve this.

# The Uniform Civil commission should be written with the greatest interests of all religions in mind.

# To maintain uniformity, a committee of distinguished jurists should be formed, and care must be taken not to offend the feelings of any particular group.

# Given the sensitivity of the subject, it is always preferable if the initiative comes from the religious groups involved.

Uniform Civil Code: Historical Perspective (Second Paragraph)

The perspective of the commission comes from the history of colonial times.

Pre-Independence: Colonial Era

# The October 1840 Lex Loci Report emphasised the need and necessity of uniformity in the codification of Indian law, particularly in the areas of crimes, proof, and contract. However, it was also recommended that Muslim and Hindu personal laws be left out of such codification.

# The Proclamation of the Queen of 1859 pledged complete non-interference in religious affairs.

Post-Colonial Era

Famous leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar campaigned for a standard civil code during the constitution’s development.

However, because of religious fundamentalist opposition and a lack of public understanding at the time, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44).

The Hindu Code Bill

Dr B R Ambedkar drafted the bill to modify Hindu laws that legalised divorce, prohibited polygamy, and provided daughters inheritance rights. Despite fierce opposition, a reduced form of the code was passed through four different statutes.

Succession Act

Originally, the Hindu Succession Act of 1956 did not grant daughters any inheritance rights in the family property. They could only beg for a right to food from a Hindu family that lived together. However, on September 9, 2005, an amendment to the Act was passed, which eliminated the difference.

Minority and Guardianship Act

The Hindu Marriage Act

Adoptions and Maintenance Act

Special Marriage Act

It was passed in 1954 and allows legal marriages to take place outside of any religious personal law.

Also Read: What Is the UAPA Act? Here’s All You Need to Know about the Act for the UPSC Exam

Law Commission Report: Uniform Civil Code in India (Third Paragraph)

According to the Law Commission study, the way forward may not be a Uniform Civil commission, but rather the codification of all personal laws so that stereotypes and prejudices in each one can be exposed and tested against the Constitution’s Fundamental Rights.

Merits of Uniform Civil Code

Given below are the merits of the law commission of the UCC or the Uniform Civil Code. The UCC has many advantages because it is a commission for equality, liberty and franchise.

National Integration

A single commission is essential for the protection of India’s most vulnerable citizens (religious minorities and women), as well as the development of solidarity and national unity.

Simplification of Laws

# There are numerous personal laws, such as the Sharia Law, Hindu Code Bill, and others.

# The existence of so many laws leads to complexity, confusion, and inconsistency in the adjudication of personal matters, which can result in delayed or no justice.

# This overlapping of laws will be eliminated by the UCC.

Simplification of the System

UCC will lead to a decrease in litigation originating from numerous personal laws.

Establishing a Secular Nation

# UCC will separate law from religion, which is a very desirable goal in a socialist and secular society.

# Furthermore, it complies with Article 44 of the Directive Principles of State Policy, which is a constitutional duty.

Gender Justice

# Women’s rights are frequently restricted under patriarchal rhetoric by religious regulations.

# UCC will free women from patriarchal oppression and grant them the right to liberty and equality that they deserve.

# UCC would lead to the defeat of divisionist and communal movements in the long run.

Way Forward UCC (Conclusion)

India has a unique mix of Parsi, Muslim, Christian and Hindu personal laws codified. There is no single family-related law for all Indians in a single statute book that is acceptable to all religious faiths that coexist in India. However, the majority of them agree that UCC is unquestionably desirable and would contribute significantly to the building and consolidation of Indian nationhood.

Furthermore, although the United States Constitution endorses the cause of a uniform civil code in Article 44, it should not be misinterpreted as a “common law.”

The term “uniform” refers to the fact that all communities must be governed by the same gender and human equity principles.

Each personal law will be humanised and modernised as a result.

It would imply different personal rules founded on ideals of liberty, fairness, and equality, rather than common law.

Practice Questions for Uniform Civil Code for UPSC

Here are some questions which are asked in the previous papers of UPSC

# What are your thoughts on the Uniform Civil Code? Examine its applicability in a secular country like India, as well as the obstacles to its implementation. (maximum 250 words)

# Examine the elements that may prevent India from implementing a unified civil commission for its inhabitants, as required by the directive principles of state policy.

# On the one hand, there is no necessary link between religion and personal laws, while civil and personal laws are distinct on the other. Discuss the need for a consistent civil commission and the various issues that come with it in this setting.

# Essay Question: In a secular India, a Uniform Civil Code is Required.

Also Read: UPSC Test Question with Answers: Practice Set for UPSC Current Affairs

This article is an essay on the uniform civil code of India and talks about the challenges, suggestions and also the arguments. The aspirants should take down these as important notes, and also form revision notes as bullet points as uniform civil code is a very crucial topic in the UPSC.

It can be asked in current affairs, general studies papers and even as an essay topic. There are many videos that talk about this topic and many debates which give you the perfect idea of what this topic is all about.

Hopefully , this article helped you with all the data and information that you were looking for. What is your opinion on the Uniform Civil Code of India? Drop your explanation in the comments section below.

Also Read: What is Section 66A of the IT Act? Here is All the Information for UPSC Preparation

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Uniform Civil Code (UCC): Pros and Cons in a nutshell

Last updated on July 9, 2024 by ClearIAS Team

The Union law ministry has recently asked the law commission to examine the matters about the implementation of the uniform civil code.

Table of Contents

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.

Is there a provision in the Indian constitution for a Uniform Civil Code (UCC)?

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The constitution has a provision for a Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

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After its liberation in 1961, Goa retained the Portuguese Civil Code, making it the only state to have a UCC for all religions.

2024: Uttarakhand assembly has passed the uniform civil code bill, hence this becomes the first state in the country after independence to adopt UCC.

• Constitutional Mandate: Article 44 says that the State shall endeavor to secure for citizens a uniform civil code throughout the territory of India.
• Objective: The Bill proposes a common law on marriage, divorce, land, property, and inheritance for all citizens irrespective of their religion in Uttarakhand.
• Provisions of the UCC Bill do not apply to tribal communities.
• Bill aims to regulate live-in relationships.
• Bill prohibits bigamy or marriages with more than one person etc.

What are the Pros of the Uniform Civil Code?

To provide equal status to all citizens.

In the modern era, a secular democratic republic should have common civil and personal laws for its citizens irrespective of their religion, class, caste, gender, etc.

To promote gender parity

It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. A uniform civil code will bring both men and women to par.

To accommodate the aspirations of the young population

Contemporary India is a new society with 55% of its population being below 25 years of age. Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity. Their view of shedding identity based on any religion has to be given serious consideration to utilize their full potential for nation-building.

To support the national integration

All Indian citizens are already equal before the court of law as the criminal laws and other civil laws (except personal laws) are the same for all. With the implementation of the Uniform Civil Code, all citizens will share the same set of personal laws. There will be no scope for politicization of issues of discrimination or concessions or special privileges enjoyed by a particular community based on their particular religious personal laws.

To bypass the contentious issue of reform of existing personal laws

Existing personal laws are mainly based on the upper-class patriarchal notions of society in all religions. The demand of UCC is normally made by aggrieved women as a substitute for existing personal laws as patriarchal orthodox people still deem the reforms in personal laws will destroy their sanctity and oppose it profusely.

What are the Cons of the Uniform Civil Code?

Practical difficulties due to diversity in India

It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to the tremendous cultural diversity in India across religions, sects, castes, states, etc.

Read:  Personal laws in India

Perception of UCC as encroachment on religious freedom

Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom . They fear that a common code will neglect their traditions and impose rules that will be mainly dictated to and influenced by the majority of religious communities.

Interference of state in personal matters

The constitution provides for the right to freedom of religion of one’s choice. With the codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.

Sensitive and tough task

Such a code, in its true spirit, must be brought about by borrowing freely from different personal laws, making gradual changes in each, issuing judicial pronouncements assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the benefits that one community secures from the others. This task will be a very demanding time and human resource-wise. The government should be sensitive and unbiased at each step while dealing with the majority and minority communities. Otherwise, it might turn out to be more disastrous in the form of communal violence.

Time is not yet suitable for this reform

Considering the major opposition from the Muslim community in India over this issue overlapping with controversies over beef, saffronization of school and college curriculum, love jihad, and the silence emanating from the top leadership on these controversies, there needs to be given sufficient time for instilling confidence in the community. Otherwise, these efforts towards common will be counterproductive leaving the minority class particularly Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies.

• At the end of the day, a UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage , of which all the personal laws are equal constituents.
• The codification and implementation of UCC may not necessarily usher in the expected equality among genders and religions.
• Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.
• Current institutions need to be modernized, democratized and strengthened for this change. Sincere efforts towards women’s empowerment have to be taken for all women of all religions.
• The plural democracy is an identity of modern India. Therefore, efforts should be focused on harmony in plurality rather than blanket uniformity for a flourishing Indian democracy.

Article by: Manjiri Mulye.

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Reader Interactions

March 24, 2017 at 4:09 pm

Can u make an app for hindi medium students in hindi language for ias

April 8, 2017 at 4:03 pm

Please make notes for hindi medium students

April 22, 2017 at 8:03 am

Please make an android and ios supporting application for mobile phone users………..

May 13, 2017 at 6:44 pm

Thanx nation builders…

July 9, 2017 at 11:38 am

Good article

August 21, 2017 at 8:14 am

Uniform civi code is a universal reality .the only grey area is sharia law . Like Hindu law and Christian personnel law ,even in sharia law the sole guardianship of a child below five years of age is the child’s mother alone and if the child’s mother marries another person other than the child’s father before the child attains five years of age loose the guardianship of the child unequivocally and the child is designated an orphan with state taking over the legal guardianship till she opts to choose her biological father as guardian after crossing the child’s five years of age .this clearly shows that all personnel laws are having a common essence . The debate in implementing universal common civil code for all citizens should be completed this year with the introduction of the much awaited Bill in parliament with a provision for sharia laws to prevail incase of a conflict , if a question of law is raised in court and not as a general option for citizens of India which should alone be the civil code .

September 10, 2018 at 11:25 pm

The best i hv site ever used for ias preparation . Detail description and analysis helps in understanding to the depth

March 21, 2019 at 3:10 pm

Very much helpful article….Thank you

September 19, 2019 at 8:04 pm

nice article …. very useful

November 26, 2019 at 12:04 am

Sigi article si khra adum yara UCC gidi.

April 9, 2020 at 6:34 pm

Good informative article

June 15, 2023 at 1:49 pm

Conclusion is utter nonsense. It is very diplomatic conclusion unregard to needs and threats.

July 4, 2023 at 3:30 pm

We don’t require uniform civil ciddi

July 12, 2023 at 11:13 am

You don’t requird uniform civil code . We will not get to rights because of this . We went to live in muslim way only thnxx

July 13, 2023 at 11:30 am

BEFORE IMPLEMENTATION OF THE UCC, BOTH MUSLIM ORGANIZATIONS AND PRESENT GOVERNMENT SHALL MEET TOGETHER TO SEE THE PROS AND CONS OF THE UCC.

February 28, 2024 at 8:05 am

UCC IS AN BREACH FOR THE RELIGIOUS LAWS WE DONT WANT IT RELIGIOUS FREEDOM IS MUST

August 1, 2023 at 11:29 am

Uniform Civil code is a must, and will level the treatment of all citizens as equal, and it can and must be done in a way where the practices of all religions can be respected without gevernmant interference.

August 9, 2023 at 9:44 am

Nice article sir

March 16, 2024 at 3:19 pm

Whether the Uniform Civil Code Uttrakhand 2024 shall apply / govern on the agricultural lands in Uttarakhand.

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Uniform Civil Code

The Delhi High Court has backed the implementation of Uniform Civil Code in the country. Uniform Civil Code:

Article 44 of the Constitution of India says that state shall “Endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

Sociological analysis:

P B Mehta writes that the group identities between different religious groups were created by the British Colonial Apparatus, which was invoked as a primary justification for India’s suitability for modern institutions. Rochana Bajpai, however, argues that group identities no longer remain a part of colonial policy alone, but with wider social, political and economic processes; is a response of the elites and non elites to the opportunities created by the colonial policy.

ubair Ahmed Bader writes that insofar as the minority community continues to manifest personal laws as an indispensable part of their socio-religious identity and as a part of their right to live as a religious community, an abrupt transition from personal laws to the Uniform Civil Code, politically, remains inexpedient.

Srirupa Roy writes that Muslim identity in India has emerged as resultant phenomena of “top- down” construction of identity as a minority identity through actions and policies of the state and the “bottom-up” construction of the identity as “other” at the societal level through competing claims advanced in response to other identities.

Scholars like Zoya Hassan, Mushirul Hasan, Rina Verma Williams, Anupama Roy and others have castigated the minority community leadership for structuring a religious controversy that in real sense was an issue of gender and social justice.

Zoya Hassan writes that the argument of homogeneity and unification was associated with the personal laws by Muslim elites, projecting them as a unifying symbol for the community as opposed to the socio-economic differences, which divided the community.

Zoya Hasan also argues that initially the campaign against Shah Bhano judgment failed to garner any substantial response from the minority community till it was an issue of women’s right to maintenance. However, a shift in argument by the Muslim organizations to the larger issue of the right of the minority community to exist as a religious community in a secular society, provided momentum to the campaign.

Zubair Ahmed Bader argues that the absence of any hostility in earlier cases of two similar judgments-in the Bai Tahira and Fazlunbail cases-evokes significant questions around the political opportunism of minority community leadership and their intentions to widen their sphere of influence.

Rina Williams writes that the passage of Muslim Women Bill in Parliament, despite exhaustive hostility to the bill from different sections of the society, buttressed the conservative voice in the minority community and marginalized the progressive one.

SP Sathe writes that the word ‘Uniform’ contained in Article 44 does not mean the extension of majority laws to all communities, for it would only make for ‘common’ law, and not necessarily ‘uniform’ law. Rather, a uniform application of laws means that every community must be governed by uniform principles of gender and human justice.

Nivedita Menon writes that complete abrogation of personal laws in the prevailing social and political conditions look difficult because of right wing forces increasingly using personal laws in their rhetoric against the minority community and the resultant counter mobilization by the fundamentalist forces. However, post the Shah Bano judgment, women’s movement have introduced a shift from the demand of complete abrogation to a more moderate demand of –reforms within the personal laws to make them gender-just. This can be a more pragmatic approach in present circumstances.

Zubair Ahmad Bader writes that the there is need for restructuring of the identity structure of the minority community with civil reforms and socio-political justice, so that the religious identity moves down the ladder of the structure, before the complete introduction of UCC, which otherwise would cause resentment and be seen as a threat to minority identity.

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Uniform Civil Code – Plurality Vs Uniformity

From Current Affairs Notes for UPSC » Editorials & In-depths » This topic

Dealing with a batch of petitions concerning an interfaith marriage undertaken by the petitioners and seeking protection from the Court, the Allahabad High Court asked the Central Government to execute the mandate of Article 44 of the Constitution of India [Uniform Civil Code]. The Bench of Justice Suneet Kumar noted that the issue of UCC, even though Constitutional, takes political overturns whenever raised or discussed in the public domain and demanded its implementation due to a multiplicity of marriage and family laws in place.

What is the Uniform Civil Code?

The UCC in India aims at replacing the personal laws based on the customs and scriptures of each religious community with a common code or law governing every citizen.

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Why India needs Uniform Civil Code? (Pros)

• Nature of India – A secular republic like India needs a common law for all citizens rather than differentiated rules based on religious practices.
• Gender Parity – The rights of women are generally restricted under religious law, be it Hindu or Muslim. Triple talaq , priority given to men in terms of succession and inheritance are some examples.
• Uphold rights – Many practices governed by religious tradition are contrary to the fundamental rights guaranteed in the Indian constitution.
• Judicial orders – Courts have also opined that the government should move towards a Uniform Civil Code. For example – the Shah Bano case.
• Constitutional mandate – The constitution has a provision for the Uniform Civil Code in Article 44 as a Directive Principle of State Policy (DPSP) which mentions that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. But DPSP cannot be enforced by the court. However, the legislature can enforce UCC by enacting a law.
• National Integration – UCC would make the dream of “One Nation, One Law” come true. India believes in one nation and hence no community shall claim separate religious laws. In this way, it’ll promote national integration.
• Young people’ aspirations – 55% of India’s population is comprised of people below 25% years of age. Their social attitudes and aspirations are based on universal principles of humanity, equality, and modernity. In order to realize their full potential for nation-building, their attitudes and aspirations should be respected.

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Why is it not feasible in India? (Cons)

• Practical difficulties – India is a country with diversity in religion, ethnicity, castes, etc. Hence it is practically not feasible to come up with uniform rules for personal issues like marriage due to the cultural diversity. It is also difficult to convince every community to replace their age-old traditions with a new law.
• Violation of religious freedom – UCC is considered by religious minorities as an encroachment on their rights to religious freedom. They fear that their traditional religious practices will be replaced by the rules and diktats of majority religious communities.
• The state should not interfere in personal matters – The constitution provides for the right to freedom of religion of one’s choice. UCC would violate that right.
• Sensitive and difficult task – UCC in its true spirit must be created by borrowing from various personal laws, making gradual changes in each, issuing judicial pronouncements, assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession. These are daunting tasks on human resource-wise. Moreover, the government should be sensitive and unbiased at each stage while dealing with the majority and minority communities. Otherwise, it might lead to communal violence.
• Time is not suitable yet – There are already controversies over the beef ban, saffronization of school and college curriculum, love jihad, etc. At this time, the introduction of UCC would only make things worse as it would make Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies.

Law Commission’s recommendations

• The commission stresses initiatives to reconcile the country’s diversity with universal arguments on human rights.
• So that the prejudices and stereotypes in all religions can be brought to light.
• They can eventually be tested against the anvil of the fundamental rights in the constitution.
• It could help arrive at certain universal principles.
• These may facilitate prioritizing equality instead of the imposition of UCC.
• Fixing the marriageable age of boys and girls at 18 years so that they can marry as equals.
• Making adultery a ground for divorce for men and women.
• Simplifying the divorce procedure.
• It suggested making polygamy a criminal offense and applying it to all communities.

What is the way forward?

• UCC can only emerge through an evolutionary process. Hence major sensitization efforts are required to reform current personal law reforms which should be first initiated by the communities themselves.
• Existing institutions should be modernized, democratized, and strengthened for this change.
• Serious efforts towards women empowerment have to be taken for all women of all religions.
• The plural democracy is an identity of modern India. Hence initiatives should be concentrated on bringing harmony in plurality, rather than blanket uniformity for flourishing Indian democracy.

Practice Question:

• “A secular republic like India needs a common law for all citizens rather than differentiated rules based on religious practices”. Comment.

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Without uniform civil code our constitution is not secular.personal laws of communities interfere in “FUNDAMENTAL RIGHTS OF CITIZENS.”

Ucc should be enforced by making some changes. As minorities are feeling vulnerable that’s why gov. firstly should make them comfortable with the idea. As far as I could think this is not suitable time yet that’s why gov should take gradual steps forward and should encourage people to adopt a broad mindset. Extracurricular activities should be promoted in schools and colleges so that the youth would be aware of that if ucc implemented this would minimise inequalities. Gov must be unbiased and should not be hypersensitive in implementing ucc rather this would lead to vandalism.

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Uniform Civil Code (UCC): Meaning, Constitutional Provisions, Debates, Judgments & More

Rooted in the principles of equality, justice, and secularism, the Uniform Civil Code (UCC) has been a long-standing aspiration in India. Recent developments such as the passage of the Uniform Civil Code (UCC) Bill in Uttarakhand have reignited the debates surrounding it. This article of Next IAS aims to explain the meaning of the UCC, related constitutional provisions, its benefits and challenges, and the way forward.

Meaning of the Uniform Civil Code

A Uniform Civil Code (UCC) refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption, etc. It aims to replace the different personal laws that currently govern personal matters within different religious communities.

A UCC primarily aims to promote social harmony, gender equality, and secularism by eliminating disparate legal systems based on different religions and communities. Such a code seeks to ensure uniformity of laws not only between the communities but also within a community.

Constitutional Provisions

The Directive Principle of State Policies mentioned in Article 44 of the Indian Constitution provides that The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. However, being a Directive Principle, it is not justiciable.

Status of the Uniform Civil Code in India

• As of now, India does not have a Uniform Civil Code (UCC) implemented at the national level. Instead, different personal laws based on religious customs and practices govern matters such as marriage, divorce, inheritance, and adoption for different religious communities.
• However, over the years, the central government as well as some states have made certain efforts towards the implementation of UCC. These efforts can be seen under the following two heads:

Steps taken by the Center

Special marriage act, 1954.

It was enacted to provide a secular alternative in marriages. It lays down provisions for civil marriage for the people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.

Hindu Code Bills

The Hindu Code Bills , passed by the Parliament during the 1950s, are seen as a step towards the UCC. The following 4 Acts enacted under it seek to codify and bring uniformity in personal laws within the Hindu community:

• The Hindu Marriage Act, 1955
• The Hindu Succession Act, 1956
• The Hindu Minority and Guardianship Act, 1956
• The Hindu Adoption and Maintenance Act, 1956

Note: The term ‘Hindu’ also includes Sikhs, Jains, and Buddhists for the purpose of these laws.

Steps taken by the States

• This law in Goa is known as the Goa Civil Code or Goa Family Code and applies to all Goans, irrespective of their religious or ethnic community.

Uttarakhand

• The Bill provides for a common law for matters such as marriage, divorce, inheritance of property, etc., and applies to all residents of Uttarakhand except Scheduled Tribes.

Present Status

• Nationwide implementation of a Uniform Civil Code remains an elusive goal.
• Hindu Marriage Act (1955)
• Muslim Personal Law (Shariat) Application Act (1937)
• Christian Marriage Act (1872)
• Parsee Marriage and Divorce Act (1937) etc

Debates in the Constituent Assembly

The issue of the Uniform Civil Code (UCC) was debated extensively in the Constituent Assembly. Key arguments presented during the debate can be summarized as follows:

Arguments in Favor

The proponents of the UCC in the Constituent Assembly included members like B.R. Ambedkar, Alladi Krishnaswamy Ayyar, and K.M. Munshi. They put forth the following arguments in favor of a common civil code

• Equality and Justice : As per them, a common civil code would uphold the principles of equality and justice by ensuring uniform laws for all citizens, regardless of their religious affiliations.
• Secularism: A UCC would align with the secular nature of the Indian state, separating personal laws from religious considerations and promoting a unified national identity.
• Women’s Rights : Such a code would do away with discriminatory practices prevalent in personal laws, particularly those affecting women’s rights in matters such as marriage, divorce, and inheritance. Thus, it would promote gender equality and women empowerment.

Arguments Against

Opponents of the UCC in the Constituent Assembly included members such as Nazirrudin Ahmad and Mohammad Ismail Khan . They expressed the following reservations about the UCC:

• Religious Autonomy : It might cause potential infringement upon the religious autonomy of various communities as it would interfere with religious customs and traditions without the consent of those communities.
• Cultural Sensitivities : A single code might not adequately accommodate the unique customs and sensitivities of different communities. This, in turn, might hamper the diversity of religious and cultural practices in India.
• Social Unrest : Practices related to personal matters are deeply rooted in the religious and cultural identities of various communities in India. Implementing a uniform civil code might mean forcing them to relinquish their identities and could lead to social unrest and communal tensions.

Since a consensus on a UCC could not be reached in the Constituent Assembly, it was placed under the Directive Principles of State Policy under Article 44.

Supreme Court’s Views on Uniform Civil Code

The issue of a Uniform Civil Code has been dealt with by the Supreme Court in various cases. Accordingly, the Supreme Court has passed several landmark judgments and observations that have significantly contributed to the discourse on the UCC. Some of these include:

Law Commission’s Views on Uniform Civil Code

The Law Commission of India has periodically examined the issue of the Uniform Civil Code (UCC) and its implications for Indian society. Some notable observations made by the Law Commission are as follows:

21st Law Commission of India (headed by Justice Balbir Singh Chauhan)

• This commission expressed the view that implementing a UCC might not be necessary or desirable at this time. Instead, it suggested a series of reforms within various personal laws pertaining to different communities.
• Thus, it recommended amendments and changes to existing family laws with the aim of ensuring justice and equality within all religions, rather than proposing a single uniform law.

22nd Law Commission of India (headed by Justice Rituraj Awasthi)

• This commission has issued a consultation paper on the UCC, seeking public feedback on the issue.
• Diverse sections of the population including religious organizations, legal experts, policymakers, and civil society groups have been asked to furnish their views regarding the feasibility, implications, and potential framework for a UCC.

Arguments in Favour of Uniform Civil Code

Based on the above-discussed discourse and the opinion of the experts, the following arguments can be put forth in favor of implementing a Uniform Civil Code:

• Simplifies Legal System : Having one set of laws for all will simplify the personal laws that are at present segregated on the basis of religious beliefs. This, in turn, would simplify the legal framework and the legal process.
• Promotes Equality : A UCC aims to ensure that all citizens of India, irrespective of their religion, are treated equally under the law. Thus, it will help promote the ideal of equality as envisaged in the Preamble.
• Promotes Secularism : A UCC would help towards achieving a secular state where the law is the same for all, regardless of religion. Thus, it would help promote the ideal of Secularism in the country.
• Promotes Gender Equality and Women Empowerment : The current personal laws of different religious communities put women in a disadvantageous position in matters related to marriage, divorce, inheritance, and property rights. Implementing a UCC would ensure equal treatment and opportunities for women in these areas, thus promoting the cause of Gender Equality and Women Empowerment.
• Promotes National Integratio n: A common set of laws for all citizens will promote a sense of oneness and the national spirit. This, in turn, will promote national unity and integrity and help India emerge as a nation in the true sense.
• Promotes Modernization : By doing away with outdated religious laws, a UCC would reflect the progressive aspirations of a modern democratic society based on current values and ethics.
• Elevates Global Image : Adopting a UCC would enhance India’s international image as a progressive and inclusive democracy committed to upholding the principles of equality, justice, and secularism. It would align India’s legal framework with global human rights standards and modern democratic practices.

Arguments Against Uniform Civil Code

Several critics have put forth the following arguments against implementing a Uniform Civil Code:

• Lack of Consensus : There is no consensus among various communities about what the UCC should entail. The lack of agreement on the principles and provisions of a common code makes it difficult to envision a UCC that is acceptable to all.
• Implementational Challenges : The sheer diversity of laws governing different communities makes the drafting and implementation of a UCC a daunting task. Creating a code that adequately addresses and respects the nuances of each community’s laws won’t be easy.
• Threat to Religious Freedom : Implementing a UCC would infringe upon the religious freedom of citizens by imposing uniform laws that may contradict their religious beliefs and practices. This might mean state interference in religious affairs.
• Threat to Cultural Diversity : Imposing uniform laws across such diverse communities would ignore the unique cultural practices, traditions, customs, and sensitivities of different religious groups. Overall, it might go against the idea of diversity.
• Fear of Majoritarianism : There is a concern that a UCC could reflect the beliefs and practices of the majority religion. Thus, it may be akin to imposing a majoritarian view on minorities and hence marginalization of minority groups.
• Threat of Social Unrest : Given the sensitivity around religious and cultural practices, there is a risk that attempting to implement a UCC could lead to social unrest and deepen communal divides.
• Undermining Federalism : Personal matters being under the Concurrent List, both the Parliament and state legislature are empowered to make laws on them. Imposing a UCC could undermine the federal structure by encroaching upon the rights of states to legislate on such matters.

Way Forward

• Dialogue and Consultation : There needs to be extensive dialogue and consultation with all stakeholders, including religious communities, legal experts, policymakers, and civil society organizations, to understand concerns and perspectives regarding the UCC.
• Public Awareness and Education : Conducting awareness campaigns and educational programs to inform the public about the benefits and implications of the UCC can help build consensus and garner support for its implementation.
• Piecemeal Approach : A piecemeal approach of codifying the different personal laws and putting them for public debates and scrutiny can be adopted. This will arouse public consciousness towards UCC.
• Inclusivity : A UCC should be drafted in such a manner that respects religious diversity while promoting gender equality and justice is crucial.
• Gradual Implementation : Implementing the UCC in a phased manner, starting with areas where there is least resistance and gradually expanding its scope, can help mitigate concerns and ensure a smoother transition.
• Monitoring and Evaluation : As and when a UCC is implemented, a mechanism should be established for monitoring its implementation, and evaluating its impact on society. This will help make necessary adjustments and improvements and smoothen the process of its implementation.
• Political Will : Political leaders must demonstrate leadership and a strong will to navigate through the complexities and challenges associated with the UCC implementation.

In conclusion, the Uniform Civil Code (UCC) stands as a critical imperative for India’s journey towards social justice, equality, and secularism. Despite some drawbacks and implementational challenges, UCC offers immense potential benefits. From ensuring gender equality and social cohesion to simplifying legal procedures and fostering modernization, the UCC holds the promise of protecting the oppressed as well as promoting national unity and solidarity. 

Read out our detailed article on the Uttarakhand UCC Bill

Frequently Asked Questions (FAQs)

What is the uniform civil code.

UCC refers to a common law being applicable to all religious communities in personal matters such as marriage, inheritance, etc. It aims to replace the different personal laws that currently govern personal matters within different religious communities.

What is the Need for a Uniform Civil Code in India?

The need for a Uniform Civil Code (UCC) in India arises from the imperative of establishing equality, secularism, and national integration in India.

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Uniform Civil Code

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Uniform Civil Code:

Chief Justice of India (CJI) S A Bobde recently lauded Goa’s Uniform Civil Code, and encouraged “intellectuals” indulging in “academic talk” to visit the state to learn more about it.

• UCC in Goa applies in marriage and succession, governing all Goans irrespective of religious affiliation.

Background:

Whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard.

What is uniform civil code?

A generic set of governing laws for every citizen without taking into consideration the religion.

What the constitution says?

Article 44 of the Constitution says that there should be a Uniform Civil Code. According to this article, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. Since the Directive Principles are only guidelines, it is not mandatory to use them.

India needs a Uniform Civil Code for the following reasons:

• A secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
• Gender justice: The rights of women are usually limited under religious law, be it Hindu or Muslim. Many practices governed by religious tradition are at odds with the fundamental rights guaranteed in the Indian Constitution.
• Courts have also often said in their judgements that the government should move towards a uniform civil code including the judgement in the Shah Bano case.

Does India not already have a uniform code in civil matters?

Indian laws do follow a uniform code in most civil matters – Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act etc. States, however, have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws.

Why is UCC not desirable at this point?

• Secularism cannot contradict the plurality prevalent in the country.
• Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation.

InstaLinks:

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• What are DPSPs.
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Discuss why is UCC not desirable for India at this point?

Sources: Indian Express.

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Make Your Note

Uniform Civil Code

• 01 Apr 2021
• GS Paper - 2
• Fundamental Rights
• Directive Principles of State Policy
• Issues Related to Women

Why in News

Recently, a petition has been filed in Supreme Court against Uniform Civil Code (UCC) on divorce and alimony.

• UCC is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
• Article 44 is one of the Directive Principles of State Policy (DPSP).
• DPSP as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
• Indian laws do follow a uniform code in most civil matters such as Indian Contract Act 1872 , Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 etc.
• Recently, several states refused to be governed by the uniform Motor Vehicles Act, 2019.
• The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
• Increase in legislations dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941.
• However, there were separate personal laws for muslim, chirstian and Parsis.
• The judgement in the Shah Bano case (1985) is well known.
• Another case was the Sarla Mudgal Case (1995), which dealt with issue of bigamy and conflict between the personal laws existing on matters of marriage.
• By arguing that practices such as triple talaq and polygamy impact adversely the right of a woman to a life of dignity, the Centre has raised the question whether constitutional protection given to religious practices should extend even to those that are not in compliance with fundamental rights.
• The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
• The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
• Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
• If a UCC is enacted, all personal laws will cease to exist. It will do away with gender biases in existing laws.
• A Second exception was added in 1968 in all these Acts, pronouncing that “nothing herein contained shall apply to the Renoncants in the Union Territory of Pondicherry.”
• A third exception, none of these Acts applies in Goa, Daman and Diu.
• A fourth exception, relating to the north-eastern states of Nagaland and Mizoram, emanates from Articles 371A and 371G of the Constitution, decreeing that no parliamentary legislation will replace the customary law and religion-based system for its administration.
• The demand for a uniform civil code has been framed in the context of communal politics.
• A large section of society sees it as majoritarianism under the garb of social reform.
• Article 25 of Indian constitution, that seeks to preserve the freedom to practise and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of indian Constitution.

Way Forward

• The government and society will have to work hard to build trust, but more importantly, make common cause with social reformers rather than religious conservatives.
• Rather than an omnibus approach, the government could bring separate aspects such as marriage, adoption, succession and maintenance into a UCC in stages.
• Need of the hour is the codification of all personal laws so that prejudices and stereotypes in every one of them would come to light and can be tested on the anvil of fundamental rights of the Constitution.