Uniform Civil Code
Ronik Sharma
The Uniform Civil code in addition to replacing each citizen’s personal laws, it will create a uniform set of rules that will apply equally and uniformly to all Indian citizens. It falls under the ambit of a uniform civil code to establish one law for the entire country, applicable to all religious sects in their personal matters such as marriage, divorce, inheritance, adoption, etc. The Uniform Civil Code applies to problems of gender equality without any kind of discrimination, as well as marriage, divorce, adoption, guardianship, succession, and division of property and assets. The Uniform Civil Code refers to a common civil code or common law or Uniform Law for every Indian citizen living inside the entire country’s geographical boundaries, regardless of their caste or religion. It is a well-known fact that the terms “socialist,” “secular,” and “integrity” were added to the preamble of the Constitution by the 42nd Amendment because India is a secular nation that adheres to the principles of the “Dharma Nirapeksha.” Strengthening the ideal of a socialist, secular democratic republic as stated in the Preamble of the Constitution is one of the goals of implementing Article 44. All Indians will be given equal treatment under the law through the Uniform Civil Code, as mandated by the constitutional values of equality before the law and equal protection of the law. Since it is widely acknowledged that there are numerous differences and no uniformity in personal laws, the idea of personal laws will also be eliminated along with integrating all communities. Uniform Civil Code As one of the Directive Principles of State Policy (DPSP) listed in Part IV of the Indian Constitution, Article 44 mandates that the State work to establish a uniform civil code across the nation. It not only encourages true secularism in the nation but also treats all of its citizens equally. After the enactment of the Uniform Civil Code in the Nation, it would definitely provide the sense of oneness and also the provisions of the national spirit and also accelerate the process of national integration. As is well know, national integration is a broad subject that has its own importance and significance for everyone to understand. Regardless of caste, creed, religion, or gender, individuals are bound together by a sense of national integration. In a developing nation, social cohesion among communities and within society is cultivated in addition to the sense of nationalism and fraternity among fellow citizens. The fundamental tenet of national integration is the cohesion of the nation, which keeps it strong from within despite its diversity. The fact that the nation that remains steadfastly united and integrated constantly advances on the course of development, peace, and prosperity illustrates the importance of national integration in addition to caste, colour, and faith. Eliminating discrimination based on religion and ensuring that all religions are treated equally would be among the main advantages of putting the Uniform Civil Code into effect. Protecting women’s and children’s rights, fostering national harmony, and enhancing India’s secular credentials would all be advanced by the adoption of a uniform civil code.
Historical occasion in the timeline of the Uniform Civil Code :-
* 1835: During the time when the British ruled India, The Uniform Civil Code first came into being as a result of a British government report on colonial India, which underlined the necessity for consistency in the coding of the Indian legal system and recommended that the personal laws of Muslims and Hindus be kept apart from such codified legislation.
* 1840: The lex loci report served as the foundation for the creation of uniform rules for crimes, evidence, and contracts; however, some personal laws of Muslims and Hindus were excluded. Even though many social reformers opposed sati and other religious customs and supported passing laws prohibiting such practises against women.
* 1940: The National Planning Commission, which looked at the position of women and suggested changes for gender equality. introduced the notion of a uniform Civil Code.
* 1941: At the end of British power, there was an upsurge in laws addressing individual issues, which compelled the government to establish the B. N. Rau Committee to codify Hindu law. The Hindu Law Committee was charged with examining the question of whether common Hindu laws are required. Women would have equal rights under a codified form of Hindu law, according to the committee’s recommendation, which was based on the scriptures. A civil code for Hindu marriage and succession was proposed after the 1937 Act was evaluated by the committee.
* 1947: B.R. Ambedkar including Minoo Masani, Hansa Mehta, and Amrit Kaur, were firm advocates of a Uniform Civil Code as a fundamental right for all Indians when drafting the Constitution. Due to opposition from other religious conservatives, the Uniform Civil Code was included under Article 44 as a Directive principles of State Policy.
* 1948: The constituent assembly for drafting the Constitution of India discussed Article 44 and stressed that bringing a uniform civil code across the country is important to uphold the unity and secular credentials of the country.
* 1985 : The Shah Bano case raised awareness of the rights of Muslim women who had undergone divorce as well as the necessity for a uniform civil code in the nation. The then-Chief Justice Y.V. Chandrachud said that the Uniform Civil Code will bring an end to legal disparities in India while also fostering a sense of togetherness among the country’s citizens.
* 1995: Sarla Mudgal v. Union of India case reaffirmed the necessity of a uniform civil code for achieving national cohesion and eradicating inconsistencies.
* 1997: Kerala pastor, John Vellametton, filed a writ petition stating that Section 118 of the Indian Succession Act was discriminatory against christians. The then Chief Justice noted that although Article 44 states that the state shall work to establish uniform civil rights for all people, it is sad that this provision has not been put into practise.
2015: The Supreme Court declined to direct the government to take a decision regarding the implementation of a uniform civil code and said it was up to Parliament to make laws. Then Chief Justice T.S. Thakur said, Let the Parliament view it.
2016: Triple Talaq was a topic of discussion in 2016, and in 2017 its unconstitutionality was decided. The Triple Talaq (talaq-e-biddat) practise was ruled unconstitutional by the Supreme Court of India in the Shayara Bano case (2017).
2018: The introduction of a bill by M.P. Shri Chandrakant Khaire for the Indian Uniform Civil Code in the Lok Sabha. The bill was introduced to establish the National Inspection and Investigation Committee for the creation of the Uniform Civil Code and its application across the entirety of India.
2022: M.P. Kirodi Lal Meena introduced the Uniform Civil Code in India Bill in the Rajya Sabha. For the purpose of creating the Uniform Civil Code and implementing it across India, the National Inspection and Investigation Committee is also proposed in the bill.
It is now the moral duty of every Indian to show his support and sympathetic attention for the implementation of the Uniform Civil Code throughout the nation and to set aside the personal laws of every community, as it is necessary for a developing country. This is because the main objective of the uniform civil code is to ensure uniformity of laws among individuals as well as communities. Additionally, it will support gender equality and guarantee that men and women have equal rights. By fostering social relationships and putting aside differences between the communities, it will also advance the process of achieving intercommunal concord by removing religion from social relations and contacts and encouraging equality among all people in any civic subject. Tribals will benefit more from the Uniform Civil Code for them, their families, and their communities because the Uniform Civil Code ensures equality for all citizens, and their culture will also not be affected by the implementation of the Uniform Civil Code in the Country. All women would have equal rights under a Uniform Civil Code, which would also aid in putting an end to violence against women committed in the name of religion. Because it tends to prohibit discrimination against women in questions of inheritance, marriage, divorce, etc., it is advantageous for women. The 22nd Law Commission of India sought fresh suggestions from various stakeholders, including public and religious organisations, on the Uniform Civil Code till second week of the July. People who have started a negative campaign against the uniform civil code’s implementation and who believe that it won’t benefit everyone should take note The first state in the nation to adopt a uniform civil code is Goa. Additionally, it served as an appeal to all communities to stop discriminating against women on the basis of their religion. The Goa civil code has the following very distinctive characteristics: The Goa civil code serves as an example for the rest of the nation of how equal rights can be granted to both men and women without offending the feelings of any religion or any particular section of society. The State of Goa’s Uniform Civil Code includes provisions against polygamy and bigamy, a uniform age for marriage for men and women, the requirement that both genders give their consent before performing a marriage, and the requirement that both genders give their consent before achieving a legal separation, among other things. The fundamental rights provided by the Indian Constitution will be consistently maintained by the Uniform Civil Code, which will be implemented in the nation with these main characteristics. Last but not least, it is the responsibility of the Central Government and has a significant role to play in raising public awareness of the Uniform Civil Code so that people can understand its true goals and take strict action against those who are causing trouble or waging a negative campaign against its non-implementation. Since the Uniform Civil Code is advantageous for every sector of society as well as overall growth in a developing country, the central government should not hesitate and move forward with the implementation of the Uniform Civil Code throughout the country as soon as possible. Everyone will be at ease with the Uniform Civil Code’s implementation once it is put into effect throughout the country.
(The author is an Advocate)
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