Uniform Civil Code

8th February, 2022 Society

Figure 1: No Copyright Infringement Intended

Context:

The Minister of Law and Justice recently stated that the topic of the Uniform Civil Code may be taken up by the new Law Commission.

Background

The issue was referred to the 21st Law Commission of India because of the importance of the subject matter and the sensitivity involved, and because it required an in-depth study of the provisions of various personal laws governing different communities and because of the sensitivity of the subject matter.
If the government decides to seek its proposal on the topic, the 22nd Law Commission will have very little time to go into the difficult subject of a universal civil code for the country.

About UCC:

In topics like marriage, divorce, inheritance, and adoption, the Uniform Civil Code (UCC) argues for the creation of a single law for India that would apply to all religious sects.

Constitutional Provision:

"The State shall endeavour to provide for the citizens of India a uniform civil code (UCC) throughout the territory of India," says Article 44.
Article 37 states that the "state shall endeavour through adequate legislation," yet Article 44 does not include the words "by suitable legislation."

Significance and need of UCC:

Uniform Principles: A common code would allow for the application of uniform principles in areas such as marriage, divorce, succession, and so on, so that settled principles, safeguards, and procedures can be established and citizens are not forced to struggle as a result of conflicts and contradictions in various personal laws.
Promotion of secularism: True secularism is based on a single set of rules that govern the personal affairs of all citizens, regardless of religion. It would assist to end religious discrimination against women and improve the nation's secular foundation.
Vulnerable Groups and Women's Rights Protection: It will safeguard the most vulnerable members of society. In the name of socio-cultural-religious traditions, women have been denied access to personal laws.
Reduced Discord: If and when the entire population begins to obey the same laws, there is a good possibility that there will be more peace and fewer riots. Hence, Religious concord will be established in order for the country to live in peace.
Prevents discrimination based on religion: Personal laws make distinctions between persons based on their religious beliefs. Those who feel discriminated against would benefit from a uniform law with the same regulations respecting marital relations.
Ending unjust customs and traditions: A rational, unified personal law will aid in the abolition of many immoral, unfair, and irrational practises and traditions that exist in many communities.
Remove vote bank politics: Choosing the UCC will eliminate the religious nexus of the political system, which divides voters based on religion, caste, and other factors.
Administrative Ease: UCC would make it easier to administer India's massive population base. Almost all Muslim countries, including Morocco, Pakistan, and others, have adopted the UCC.
National integration: By removing uneven allegiance to laws with opposing ideologies, a unified civil code will aid the cause of national integration.
Best Practice: The Supreme Court reportedly highlighted Goa as a "shining example" with a Uniform Civil Code while giving a verdict legitimising the Portuguese Civil Code of 1867.

Challenges in the implementation of UCC:

Lack of Political Will: Because the UCC is such a delicate issue, reaching political consensus on it is difficult. The majority decision is important in the multiparty system and democratic structure.
Vote Bank Politics: Minorities are consistently treated as vote banks by political parties, posing a barrier to the implementation of the Uniform Civil Code.
Multi-religious society: Given India's diversity, it's difficult to come up with a system of regulations that is both common and uniform.
Orthodox Muslims: Orthodox Muslims see the Uniform Civil Code as an infringement on their religious freedom.
Contention over the Hindu Bill Code: The codify of personal laws has often sparked outrage. One of the most important pieces of social legislation, the Hindu Code Bill, has sparked controversy.
Violation of Fundamental rights: Religious organisations oppose a uniform civil code because it would interfere with religious concerns, which would be a violation of basic rights protected by Article 25 of the constitution.
Communal politics: It would be a form of tyranny for the minority, and if enacted, it might cause widespread turmoil in the country.
Threat to Multiculturalism: Indian society has a distinct identity in the form of multiculturalism, and a single legislation could obliterate these distinctive features of the country.

Court Verdict related to same:

Sarla Mudgal vs Union of India (1995): The court concluded in Sarla Mudgal vs Union of India (1995) that a Hindu marriage solemnised under Hindu law can only be dissolved on one of the grounds listed in the Hindu Marriage Act 1955.
John Vallamathon vs. Union of India (2013): Ensure that Indian citizens have access to a standard civil code across the country.
The Supreme Court refused to issue a directive in 2015: Cannot order the enactment of a Uniform Civil Code by Parliament. It is up to Parliament to make a decision.
In the Shah Bano Case (2017), the Supreme Court pronounced Triple Talaq (talaq-e-bidat) to be unconstitutional and a criminal offence.
Uniform Civil Code is neither essential nor desirable at this time, according to the Law Commission.

Conclusion

The Constitution's basic principles recognise variety while attempting to create consistency among persons of various denominations.
Although a consistent legislation is desired, it may be detrimental to the nation's unity and integrity.
As a result, only those aspects of customs and traditions that cause injustice to individuals should be incorporated into a unified legislation.
Personal laws have some excellent and equitable elements that should be included in the unified law.
At the same time, good practises and traditions must be preserved in order to preserve the indigenous culture. It will assist India in preserving its strength, which is unity in diversity.
A slow progressive transformation and order must be brought about in a democracy and the rule of law.