Uniform Civil Code With Case Law
Uniform Civil Code With Case Law
Uniform Civil Code With Case Law
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.
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:
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
Goa
Goa is the first state in India to have a Uniform Civil Code. After India
annexed the territory in 1961, the Parliament enacted a law for continued
application of the Portuguese Civil Code of 1867.
o 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
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.
Arguments Against
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.
In this case, the Supreme Court ruled that Muslim women were entitled
Mohd. Ahmed Khan
to maintenance beyond the iddat period under Section 125 of the
vs. Shah Bano
Criminal Procedure Code. It observed that a UCC would help in
Begum (1985)
removing contradictions based on certain religious ideologies.
In this case, the Supreme Court ruled that a Hindu husband, upon
Sarla Mudgal vs.
converting to Islam, cannot enter into a second marriage without
Union of India
dissolving his first marriage. The court emphasized the need for a UCC
(1995)
to ensure gender justice and equality.
In this case, the Supreme Court struck down Section 497 of IPC relating
Joseph Shine vs. to adultery on the grounds that it violated Articles 14, 15 and 21 of the
Union of India Constitution. The court emphasized the need for gender-neutral laws
(2018) and suggested the enactment of a UCC to address inconsistencies in
personal laws.
Indian Young In this case, the Supreme Court addressed the ban on the entry of
Lawyers Association women of menstrual age into the Sabarimala temple in Kerala. The
vs. State of Kerala judgment highlighted the need for a UCC to harmonize conflicting
(2018) rights and ensure gender equality across religions.
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:
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.
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.
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.
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.