Ram Rattan Sharma
The Implementation of Uniform Civil Code is one of the most contentious and politically sensitive issue in the country. Article 44 of the Indian constitution states that “The state shall endeavour to secure for the citizens a uniform civil code through out the territory of India”. The desirability of Uniform civil code is consistent with human rights and the principles of equality fairness and Justice. Uniform civil code is followed in countries like US, Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Egypt, and Ireland. All these countries have one set of personal laws for all religions and their are no separate laws for any particular religion or community. In India besides Uttarkhand only Goa had UCC which was implemented by Portuguese in 1867. The only state in India that has a UCC is Goa which retained its common family law known as the Goa Civil Code after it was liberated from Portuguses rule in1961. The rest of India follows different personal laws on their religious or community identity. Supreme Court favours UCC throughout India as envisaged under article 44 of the directive principles in the constitution and cites example of Goa, says the state has a UCC for all irespective or their religion and no provision for triple talaq. Muslims whose marriages are registered in Goa cannot practise polygamy.
Article 44 of the Indian Constitution states that ” The state shall endeavour to secure for the citizens a uniform civil code (UCC) throughout the territory of India”. The desirability of a uniform civil code is consistent with human rights and the principles of equality, fairness and justice.
After the revocation of Article 370, the central family law Acts were extended to Jammu and Kashmir . Although this is another step towards implementing UCC throughout India. Still a long distance is to be covered in this pursuit.
The uniform civil code calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance , adoption. The code comes under article 44 of the Constitution to secure a uniform civil code for the citizens throughout the territory of India.
The origin of the UCC dates back to colonial India when the British Govt. 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 legislation on dealing with personal issues in the far end of the British rule forced the Govt to form the BN Rau Committee to codify Hindu Law in 1941, ‘ based on these recommendations a bill was then adopted in 1956 as the Hindu Succession Act.
However there were separate personal laws for Muslims, Christian and Parsis in order to bring uniformity, the courts have often said in their Judgements that the Govt should move towards a uniform civil code.
The judgement in the Shah Bano case is well known but the courts have made the same point in several other major Judgements. By arguing that practices such as triple talaq and polygamy impact adversely on the rights of women 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.
Protection to vulnerable section of society-: 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.
Simplification of laws:- The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions, making them one for all, and the same civil law will be applicable to all the citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law and others.
Adhering to ideal of secularism:- 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.
Gender Justice:- India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance. However , the right of women are usually limited under religious law, be it Hindu or Muslim. The Practice of triple talaq is a classic example . If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.
Challenges to UCC
Communal Politics.- 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.
Constitutional Hurdle- Article 25 of Indian Constitution, that seeks to preserve the freedom to practice and propagate any religion gets into conflict with the concepts of equality enshrined under article 14 of Indian constitution
Way Forward- Collaborative approach-: The Govt and society will have to work hard to build trust , but more importantly make common cause with social reformers rather than religious conservatives , the Govt. could bring separate aspects such as marriage ,adoption, succession and maintenance into uniform civil code in stages .
Gender sensitive approach:- The Govt would also do well to complement the overdue move towards a uniform civil code with a comprehensive review of several other laws in the context of gender Justice.
Conclusion:- The citizens fundamental rights to equality before law and equal protection of the laws guaranteed by the Constitution call for a similar action in respect of all territories as well, so does the provision of Article 44 enjoining the state to make endeavours to secure for the citizen a uniform civil code throughout the territory of India. The Uniform Civil Court, despite being a subject of contentious debate offers significant advantages that contribute to the overall progress and development of Indian society. By promoting gender equality, fostering social cohesion, upholding secularism, simplifying legal frame work, and encouraging modernity, a UCC can pave the way for a more inclusive and harmonious nation. It is essential to approach the implementation of UCC with sensitivity and respect for diverse religious beliefs while prioritizing the principles of equality and justice.
(The author is former Deputy Librarian University of Jammu)
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