ONE LAW FOR ONE NATION: UNPACKING THE UCC DEBATE

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Written by Monika Agarwal, 5th year BBA.LLB student at ICFAI University, Dehradun

Abstract:

The Uniform Civil Code (UCC) is a pivotal aspect of India’s constitutional framework which aims to establish a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, irrespective of religious affiliations. Currently people from different religions follow their own personal laws, which sometimes leads to inequality. This article develops into the historical context, constitutional basis, benefits, challenges, and the recent developments surrounding the UCC. Through a comprehensive analysis, the article presents a balanced perspective on the UCC’s role in shaping India’s legal and social landscape. Enshrined in Article 44 of the Indian Constitution, the UCC seeks to promote national integration, gender equality, and social justice which is in line with the constitutional morality.

The main goal of the UCC is to make sure everyone in the country is treated equally under the law and to help build national unity, gender justice, and social harmony. It is not about interfering with religious beliefs, but about ensuring that all citizens have the same legal rights in personal matters as well. In that context, Article 14 and 21 also comes in and all citizens have right to enforce it.

In the year 2024, a big step was taken when the state of Uttarakhand passed India’s first Uniform Civil Code law. This move by Uttarakhand shows that UCC can be brought in gradually, with respect for India’s diversity. While some people support the UCC for bringing equality and simplicity, others are worried it might affect their religious practices. In the near future, if every state will gradually make their own UCC then it will not be equal for all the citizens of the country. Still, if done thoughtfully, the UCC can help India grow as a modern and united nation, where everyone gets equal treatment under the law.

Introduction:

India, with its rich tapestry of diverse cultures, secularism has long struggled with the challenge of harmonizing its legal system to ensure equality and justice for all citizens. The concept of a Uniform Civil Code (UCC) has been a subject of intense debate and deliberation since the inception of the Indian Republic and Personal Customs. The UCC aims to transcend religious boundaries and establish a common legal framework that upholds the principles of justice, equality, and secularism enshrined in the Constitution. This article explores the significance of the UCC in the context of the Indian Constitution, its potential benefits, the challenges associated with its implementation, and the recent legislative advancements in this domain. By examining the Uniform Civil Code of Uttarakhand Act, 2024, the article provides insights into the practical implications of such a code and its potential impact on Indian society.

The Constitutional Basis of the Uniform Civil Code in India

Article 44 of the Directive Principles of State Policy in the Indian Constitution states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” While not enforceable by law, this directive reflects the vision of the framers to promote national integration and ensuring equal treatment for all citizens, irrespective of their religious affiliations.

The inclusion of this provision underscores the commitment to secularism and it aspires to eliminate discriminatory practices embedded in personal laws. The article reflects that all the citizens must follow one law and in the personal matters as well one law should be applicable. The nature of Article 44 is non-justiciable that led to varied interpretations and debates regarding the implementation.

Historical Context and Evolution:

The debate over the UCC is going on since early years of independent India. The Constituent Assembly asserted on the necessity of a uniform set of personal laws, with the favouring members arguing that it would foster national unity and gender equality, while opponents contended that it would infringe upon religious freedoms and cultural practices and customs.

Over the decades, various commissions and courts have addressed the issue. The 21st Law Commission of India, in its 2018 consultation paper, acknowledged the challenges in implementing a UCC by citing the diverse cultural and religious practices across the country. The Supreme Court, in several landmark judgments, has highlighted the need for reforming personal laws to align with constitutional principles of equality and justice.

The Constituent Assembly of India engaged in extensive debates over the Uniform Civil Code (UCC), reflecting diverse perspectives on its necessity and implementation. Some key highlights to be noted from the debate are:

Favouring members:

B.R. Ambedkar emphasized that personal laws should not be beyond the jurisdiction of the state, asserting that “it is quite impossible for anybody to conceive that the personal law shall be excluded from the jurisdiction of the State.”
M. Munshi advocated for a UCC, linking it to national unity and social reform. He argued that diverse personal laws hindered progress and that a uniform code would promote equality, especially for women.
Alladi Krishnaswami Ayyar also supported the UCC, stating that it would foster amity and unity among India’s diverse communities.

Opposition to UCC

Mohammad Ismail Sahib opposed the UCC, arguing that it would interfere with religious practices and the way of life of communities that have adhered to their personal laws for generation.
Maulana Hasrat Mohani emphasized that personal laws are integral to religious identity and should not be altered by the state.
Naziruddin Ahmad acknowledged the potential for a UCC in the future but cautioned that the time had not yet come, advocating for a gradual approach with community consent.

Balancing the views:

Dr. Ambedkar while supporting the UCC, suggested that its implementation could be voluntary at the initial stage, allowing citizens to opt-in, thereby respecting individual freedom.

These arguments and different views in the debate highlight the complexities and sensitivities surrounding the UCC, balancing the ideals of uniformity and equality with the respect for religious and cultural diversity.

The Supreme Court of India has addressed the issue of the Uniform Civil Code (UCC) in several landmark judgments, emphasizing the need for legislative action while acknowledging the constitutional directive under Article 44. In some of these judgements the supreme court highlighted the need for the UCC and also gave various interpretations:

In the case of Mohd. Ahmed Khan v. Shah Bano Begum (1985) stated that Article 44 of the Constitution, which envisions a UCC, has remained unimplemented. The judgement was about Muslim women right to maintenance under Section 125 of the Code of Criminal Procedure. The Court highlighted that a single civil code would aid national unity by eliminating divergent allegiance to laws with opposing ideologies. The court granted maintenance to Muslim women.

However, the subsequent political response led to the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which diluted the Court’s judgment.

The case of Sarla Mudgal v. Union of India (1995) dealt with the issue of bigamy among Hindu men who converted to Islam to marry again. The Court reiterated the need for a UCC to address such issues and directed the Union Government to take steps towards its implementation. The judgment underscored that personal laws often conflict with constitutional principles of equality and justice.

After that in the case of Lily Thomas v. Union of India (2000) the Supreme Court emphasized that while Article 44 is a directive principle and not enforceable by law, it reflects the constitutional vision for a UCC. The Court noted that personal laws should not conflict with constitutional values and urged the government to consider reforms in this regard.

The Daniel Latifi v. Union of India case (2001) is a landmark judgment by the Supreme Court of India related to the rights of Muslim women after divorce and is closely tied to the debate on the Uniform Civil Code (UCC) and gender justice. It is considered a victory for gender justice and a bridge between personal laws and constitutional rights. Though not directly but indirectly it supports the idea behind the UCC which is uniformity, fairness, and equality under the law for all citizens.

This case was a follow-up to the famous Shah Bano case (1985) after which the critics argued that the Act of 1986 curtailed Muslim women’s rights and was regressive. So, the issue involved in the case was whether the 1986 Act violated fundamental rights under Articles 14 (equality), 15 (non-discrimination), and 21 (right to life and personal liberty) of the Indian Constitution. The Supreme Court upheld the constitutionality of the Muslim Women (Protection of Rights on Divorce) Act, 1986, This interpretation protected the rights of Muslim women while respecting the provisions of Islamic law but interpreted it in a progressive and gender-just way. These cases did not directly rule on the UCC, it is very relevant because:

It showed how personal laws could be reinterpreted to align with constitutional values.
It highlighted the conflict between religious personal laws and gender justice, one of the main reasons the UCC has been debated.
It strengthened the argument for a UCC to provide equal rights to all citizens, especially women, regardless of religion.

In the case of Shabnam Hashmi v. Union of India (2014) the Court acknowledged the conflicting viewpoints among different communities regarding the UCC. It recognized that the vision of Article 44 remains unfulfilled and called for a national debate and legislative action to address disparities.

The case of ABC v. State (NCT of Delhi) (2015) highlighted the disadvantages faced by Christian unwed mothers compared to their Hindu counterparts. The Court underscored that the existing personal laws are discriminatory and reiterated the need for a UCC to ensure equality and justice for all citizens.

The Supreme Court in the case of Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019) observed that despite the constitutional directive, no substantial progress has been made towards implementing a UCC. The Court reiterated that the lack of a uniform civil code leads to complications in personal law disputes and urged the government to take necessary steps.

These cases collectively underscore the Supreme Court’s recognition of the necessity for a Uniform Civil Code in India. While the Court has consistently highlighted the constitutional directive under Article 44, it has also emphasized that the implementation of a UCC is within the legislative domain. The Court’s observations serve as a call to action for the legislature to address the disparities in personal laws and work towards a uniform legal framework that ensures equality and justice for all citizens.

Benefits of Implementing a Uniform Civil Code:

The implementation of a Uniform Civil Code (UCC) in a diverse country like India holds significant promise for promoting equality, justice, and national unity. Currently, personal laws governing matters such as marriage, divorce, inheritance, and adoption vary across different religious communities. These differences can lead to discriminatory practices that contradict the constitutional principles of equality and justice. A UCC seeks to eliminate these disparities by establishing a standardized legal framework that treats every individual equally under the law.

Another critical benefit of the UCC is the empowerment of women. In several religious communities, personal laws have often been criticized for perpetuating gender inequality and limiting women’s rights. For instance, issues related to polygamy, unequal inheritance rights, and biased divorce procedures have historically placed women at a disadvantage. A uniform civil code would address these issues by ensuring that women are granted equal rights in all matters concerning family and property. It would affirm women’s status as equal citizens and safeguard their rights, thus fostering a more just and equitable society.

Moreover, the adoption of a UCC could play a crucial role in fostering national integration. In a country characterized by religious and cultural diversity, a common set of civil laws can contribute to a stronger sense of unity and shared identity. By transcending religious and sectarian boundaries, the UCC would reinforce the idea of a unified legal system that binds all citizens together, irrespective of their faith. This sense of unity is essential for promoting social cohesion and a collective national identity, especially in a pluralistic society like India.

A Uniform Civil Code would help simplify the existing legal framework, making it more efficient and accessible. Currently, the coexistence of multiple personal laws can create confusion, legal inconsistencies, and procedural delays. By replacing this complex system with a single set of laws applicable to all, the UCC would streamline legal processes and enhance the clarity and efficiency of the judicial system. Citizens would benefit from a more straightforward and transparent legal structure, which would, in turn, promote trust in the legal system and ensure better implementation of justice. Overall, the UCC represents a progressive step toward building a more inclusive, fair, and unified legal system that upholds

Challenges in Implementing the Uniform Civil Code:

The implementation of a Uniform Civil Code (UCC) in India, while aimed at promoting equality and social justice, is fraught with several complex challenges, primarily arising from the country’s immense cultural and religious diversity. India is home to a multitude of communities, each with its own distinct traditions, customs, and personal laws that govern matters such as marriage, divorce, inheritance, and adoption. Crafting a single, uniform set of laws that accommodates and respects these varied practices is a daunting task.

One of the most significant barriers to the implementation of a UCC is the strong opposition it faces from various religious groups. Many communities view personal laws not merely as legal provisions, but as intrinsic elements of their religious identity and spiritual practice. Consequently, the proposal to replace these laws with a uniform code is often perceived as an encroachment on religious freedom and autonomy. In opposition to the Uniform Civil Code (UCC) in India has manifested through various protests and movements across different regions, reflecting concerns about its impact on religious and cultural freedoms.

In Kolkata, West Bengal (2016), a significant protest against the UCC took place in Kolkata, where Muslim clerics, Trinamool Congress MPs, and thousands of supporters gathered at Park Circus Maidan. The protest aimed to send a message to the central government about the community’s opposition to the proposed uniform laws.

In Deoband, Uttar Pradesh (2022), the Jamiat Ulama-e-Hind, a prominent Muslim organization, passed a resolution in Deoband opposing the UCC. The organization argued that the implementation of a uniform code would infringe upon the observance of personal laws and contradict the guarantees provided in the Indian Constitution.

In Kerala (2023), the Congress-led United Democratic Front (UDF) organized a series of protests against the UCC. These included public meetings in Thiruvananthapuram, Kochi, and Kozhikode under the motto “celebrating diversity.”

These protests highlight the diverse and widespread opposition to the UCC, underscoring the complexities involved in implementing such a uniform legal framework in a culturally and religiously diverse nation like India. Adding to the complexity are the political and social sensitivities associated with the UCC debate. The issue has often been politicized, with different political parties leveraging it to appeal to their respective constituencies. This politicization has led to the UCC being viewed not merely as a legal reform but as a tool for political mobilization.

From a legal and constitutional standpoint, there are also significant hurdles to be addressed. Article 44 of the Indian Constitution, which advocates for a Uniform Civil Code, falls under the Directive Principles of State Policy and is, therefore, non-justiciable. This means that while the state is encouraged to strive towards a UCC, it is not legally obligated to implement it. Furthermore, the intricate relationship between personal laws and fundamental rights adds another layer of complexity. Courts have often faced challenges in balancing religious freedom with the right to equality, making the legal landscape around the UCC both delicate and complex.

Recent Developments

In 2019, the Goa government proposed amendments to the civil code to facilitate the registration of marriages for non-Goans, addressing issues faced by overseas citizens and tourists. Goa stands as one of the State in India where a Uniform Civil Code (UCC) is fully implemented, governing personal matters such as marriage, divorce, inheritance, and succession for all communities, including Hindus, Muslims, and Christians.

The implementation of the UCC in Goa has been largely peaceful, with no significant communal tensions arising from its provisions. The Goa’s uniform civil code is praised by many stating that it reflects the vision of the Constitution’s framers for a unified legal framework.

On February 7, 2024, Uttarakhand passed a Uniform Civil Code, marking a significant step toward realizing the vision of a uniform legal framework. The Uniform Civil Code of Uttarakhand Act, 2024, seeks to regulate personal matters such as marriage, divorce, succession, and live-in relationships for all citizens, irrespective of their religion.

The Act establishes a common minimum marriageable age of 18 years for women and 21 years for men, mandating the registration of all marriages to ensure legal recognition and transparency. The Act granted equal inheritance rights to sons and daughters, eliminating distinctions between ancestral and self-acquired property, and required the registration of live-in relationships and imposing penalties for unregistered ones.

The enactment of this law reflects the state’s commitment to promoting gender equality, social justice, and national integration. However, it has also sparked debates and discussions regarding its implications on religious freedoms and cultural practices.

Larger perspective on the Uniform Civil Code:

As an individual deeply invested in the principles of justice, equality, and social harmony, the implementation of a Uniform Civil Code is a step in the right direction. It aligns with the constitutional mandate to ensure equal treatment for all citizens and addresses the disparities inherent in diverse personal laws.

However, it is crucial to approach the implementation of the UCC with sensitivity and inclusivity. The diverse cultural and religious fabric of India necessitates a nuanced approach that respects individual identities while promoting unity. The UCC should be a product of consensus, dialogue, and gradual reform, ensuring that it does not marginalize any community or infringe upon their rights.

In a larger view, we see that there is a loophole that exists in the implementation of the Uniform Civil Code. In the recent developments we saw that Goa and Uttarakhand brought and implemented their own Code. Like this in future, if all the other States implement UCC differently, then the idea of uniformity to all the citizens will be lost. The citizens will not be at par in the personals matters, as different State will follow their own law. This practice can be curtailed by if the other States follow the UCC already implemented and make it a basis in making their own.

Conclusion:

The Uniform Civil Code stands as a testament to India’s commitment to justice, equality, and secularism. While its implementation presents challenges, it also offers an opportunity to harmonize personal laws and promote social cohesion. The recent enactment of the Uniform Civil Code of Uttarakhand Act, 2024, serves as a significant milestone in this journey, providing a model for other states to consider.

As India continues to evolve, it is imperative to engage in constructive dialogue, address concerns, and work towards a legal framework that upholds the values enshrined in the Constitution. The path to a Uniform Civil Code should be paved with inclusivity, respect for diversity, and a steadfast commitment to the principles of justice.