Uniform civil code in India: Harmonizing diversity or fuelling discord

Author: Nanthinisha. J, The Central Law College, Salem, Tamil Nadu.

Abstract

The Uniform Civil Code (UCC), which aims to establish a unified legal framework for marriage, divorce, inheritance, and adoption in place of religiously based personal laws, is a controversial topic in India. Supporters say it ensures equality and secularism, while critics argue it will undermine cultural and religious values. This article investigates if the UCC promotes harmony or exacerbates conflict by looking at its purpose, challenges, and impacts. Using a qualitative approach this article analyzes legislative debates, court rulings, and constitutional provisions. In order to comprehend how uniformity and variety coexist, comparative insights are taken from nations with comparable multicultural environments. Key findings reveal that opinions on the UCC's implementation are still divided. The wider conclusion is that in order to preserve social harmony, a careful balance between individual liberties and group cultural identities must be struck, prioritizing communication over force.

KeyWords

Uniform Civil Code (UCC), Article 44, Right to equality, Right to freedom of religion, Personal laws.

Introduction

Uniform civil code is a unified code which governs provisions and rules regarding marriage, divorce, inheritance and adoption replacing personal laws. Article 44 of the Constitution of India provides for the Uniform Civil Code for the citizens of India, which states that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. However in matters relating to crimes, contracts and evidence India follows uniform codified laws for instance the Bharatiya Nyaya Sanhita 2023, the Bharatiya Sakshiya Adhiniyam 2023 etc..,( replacing Indian penal code 1860, Indian evidence Act 1872) . Yet for matters like marriage, divorce, inheritance and adoption Indian legal system still follows personal laws which are based on religion for example Hindu Marriage Act 1955, Muslim Dissolution of marriage act 1939 etc.., And this unification of criminal laws was made during the British colonial era. The reason Uniform Civil Code has become a controversial debate in India is because of the conflict between Article 14 and 15 which provides for equality before law without discrimination and Article 25 to 28 which provides for freedom of religion. Besides these conflicts the Implementation of UCC is significant because It ensures equality and equal protection of law among citizens without any discrimination on grounds of caste, religion and gender. Further the implementation of UCC will eliminate the complex structure of personal laws.

Literature review

The UCC is a controversial topic of debate in India because some argue that UCC will promote equality and secularism while some raise concerns that it may undermine the religious and cultural values and practices Various legal scholars has examined the topic of UCC for a considerable period of time yet the debate does not come to an end. Dr.B.R.Ambedkar in the Constituent Assembly debate advocated for the implementation of UCC in India as he thought it would promote unity and equality among the citizens of the nation. In the landmark Shah Bano case the hon’ble Supreme court of India emphasized the significance and need for the implementation of UCC in order to ensure gender equality. In the case of John Vallamattom V. Union of India the hon’ble Supreme court underlined that it is a complex procedure to merge secular principles with religious practices. Furthermore, scholars argue that the implementation of Uniform Civil Code will create tension between the secular structure and the diversity of the country.

Historical evolution of the Uniform Civil Code

The origin of the Uniform Civil Code dates back to the British colonial era. During this period the Indian personal law underwent partial codification. Queen Victoria’s proclamation declared that the British Raj will not interfere in religious matters. However, the general laws relating to crime, contract, evidence etc.., were codified by the British while leaving the personal laws as it is and consequently The Indian penal code 1860, the Indian evidence act 1872, the Indian contract Act of 1872 were formulated. Furthermore during the British colonial period major reforms in personal law practices were made for instance the establishment of the Hindu Widow Remarriage Act,1856 and The Special Marriage Act of 1872 etc.., The debate over the implementation of Uniform Civil Code became more instance during the constituent Assembly debates where Dr.B.R. Ambedkar argued that the implementation of UCC in India is pivotal for ensuring gender equality and national integration. According to him, personal laws seemed to be discriminatory and biased towards men neglecting the rights of women. On the other hand other members like Maulana Hasrat Mohani contended that implementation of UCC in India may result in deprivation of the rights of the minorities. Amidst these debates Article 44 was introduced in the Part IV Directive principles of State Policy in order to emphasize the states need to implement the Uniform Civil Code. Yet which has not been implemented due to a variety of reasons. However, the judiciary has highlighted the need for implementing UCC in India through a series of cases over a period of time. In the case of Mohd. Ahmed Khan V. Shah Bano Begum (1985) The hon’ble Supreme Court of India emphasized the necessity to implement Uniform Civil Code under Article 44 in order to prevent injustices under personal laws. Later in the case of Sarla Mudgal V. Union of India (1995) the hon’ble Supreme Court laid its emphasis on the need of implementation of UCC to prevent conflicts between various personal laws for instance in matters of bigamy, inter religion marriages etc..At present Goa is the only state in India which has a Uniform Civil Code, which is because of the Portuguese Civil Code 1867 which applies to all citizens of Goa irrespective of their religion. Further the Uniform Civil Code Act of 2024 has been implemented in Uttarakhand.

Conflict between Right to equality and Right to freedom in the context of UCC

The Right to Equality has been enshrined under Article 14 and Article 15 of the Constitution of India under Part III. Article 14 provides for equality before law which states that the State shall not deny to any person equality before the law or the equal protection of the law within the territory of India and Article 15 of the constitution of India provides for Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Further it states that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. On the other hand Article 25 provides for right to freedom of religion and it guarantees right to freely profess, practice and propagate religion. And Article 26 provides for freedom to manage religious affairs. Hence it is being argued that implementation of a Uniform Civil Code which is common for all citizens irrespective of their religion violates the Article 25 enshrined under the Constitution of India. Hence it is crucial to look upon and balance both fundamental rights provided under part III Article 14 and 15 and Articles 25 to 28 of The Constitution of India.

Judicial interpretations over the Uniform Civil Code

Mohd. Ahmed Khan v. Shah Bano Begum (1985)

The hon’ble Supreme court of India stated that Uniform Civil Code would help in “national integration by removing disparate loyalties to laws which have conflicting ideologies,” Further the court stated that it regrets that Article 44 has not been implemented yet.

Sarla Mudgal v UOI, (1995)

The court stated that implementation of a Uniform Civil Code would provide a coherent legal framework governing marriage and family matters. Further it stated that a UCC would promote gender equality and protect neglected women rights.

Pannalal Bansilal Pitti v State of Andhra Pradesh (1996)

The Court said “The directive principles of the Constitution visualise diversity and attempt to foster uniformity among people of different faiths. A uniform law, though is highly desirable, enacting it in one go perhaps may be counterproductive to unity and integrity of the nation.” The Court was not completely against uniformity in laws, but cautioned that it must be a gradual progressive change.

Shayara Bano v Union of India (2017)

The Court stated that “this leads to the clear understanding, that the Constitution requires the State to provide for a uniform civil code, to remedy and assuage maladies.”

Conclusion

As far as India is considered, the Uniform Civil Code (UCC) which is enshrined under Article 44, Part IV, Directive Principles of State Policy in the Constitution of India is a crucial as well as a controversial topic. Some argue that it will promote the integrity of the nation, gender equality, promote secularism of the nation and ensure equal treatment of all citizens. However, there are also serious concerns about the religious freedom and cultural practices it could potentially undermine. From the series of cases in courts on Uniform Civil Code we could understand the conflicts between various provisions of personal laws, constitutional provisions i.e., Article 14 and 15 and Article 25 to Article 28. Yet, the courts have emphasized the need for UCC’s implementation in India.