Uniform Civil Code is long standing argumentative issue in India igniting fierce debates between proponents of secularism and those who seek to preserve religious traditions. The conception of Uniform Civil Code is to dispose off the all the personal laws which are based on religious beliefs, customs, traditions and to make a one common law for everyone irrespective of religion, caste, creed etc. India is a country were there is religious diversity were people from various religion belief on their religious customs and laws which were made applicable by their ancestors, due to which when religion comes into picture there is a battle between need of uniformity and religion.
UNIFORM CIVIL CODE AND OTHER LAWS
Article 44 of our Indian Constitution states “The state shall endeavor secure for the citizens a uniform civil code throughout the territory of India” this article is being implanted in Directive Principle of state policy but at the same time article 37 of constitution states that DPSP are not enforceable. The implementation of Uniform Civil Code is be done since British India were various British scholars stopped unlawful religious practice which was then prevailing such as Sati Pratha which was been stopped and opposed by William Bentick. There are some Laws which were passed to bring religious stability and gender equality such as Indian Succession Act 1865, Indian marriage Act 1864, Hindu Widow Remmariage Act 1856. One of the primary concerns raised by religious communities is the potential infringement on their constitutionally guaranteed right to religious freedom. Personal laws, rooted in religious practices and customs, have existed for centuries and are considered sacrosanct by adherents. Implementing a UCC could be seen as an attempt to impose a uniform legal framework that may contradict deeply-held religious beliefs.
UNIFORM CIVIL CODE IN INDIA
There are various religions in India such as Christian, Muslim, Hindu. Apart from religion our Indian Population is distinguished on the basis of language, domicile, culture, etc. Religion is the foundation of culture, custom, tradition and therefore it is a difficult task to abandon the long-practised customs for any religion.
The debates over UCC has triggered various religious debates. The Indian judiciary has also regularly emphasized enacting a UCC. While many personal Hindu laws have been codified in the 1950s the Muslim laws are not codified comparatively.
The Architect of our Indian constitution Dr. Br. Ambedkar has contributed to the development of laws in India, he also proposed several amendments these amendments were made with an intention to provide uniformity between all religions. Ambedkar also proposed several amendments to Hindu personal laws which are known as “Hindu Code Bills”. The proposed amendments were intended at providing uniformity in legal provisions to all religions who are not Muslim, Parsi, Jews, and Christians. The Hindu Code Bills legislations which tends to provide UCC includes. Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Minority and Guardianship Act, 1956, Hindu Adoption and Maintenance Act 1956.
There are various communities who are against the implementation of Uniform Civil Code (UCC) one of the community is Naga community which is considered as minority, this community is against the implementation of UCC because it would bring a kind of trouble to their culture and dignity of Naga community. This community also addressed this issue via letter to our Prime Minister stating that “It will cause social disorder, and if a Uniform Civil Code is introduced covering the entire country, it shall cause so much hardship and social disorder to the Nagas as the personal and social life of the Nagas are quite distinct from the rest of people in the country”.
The debate over UCC often becomes politically charged by various political parties. These political parties supports the minority as implementation of UCC, violates their personal laws as dignity of their community. India has a religious diversity and known for its religious diversity in many of countries by implementing UCC will hinder or can ne stoppage to these religious practices . Overall, the debate over the UCC in India highlights the complex and sensitive relationship between law, religion, and culture in the country that should be scrutinised from a detached point of viewand should be addressed in a phased and holistic manner.
Implementation of UCC it may violate our basic Fundamental rights i.e Article 25 of our Indian Constitution which provides every citizen Right to Religion. When any kind of implementation of law infringes the basics rights of citizen it is considered void since the date implementation. In a statement, the Jamit Ulema-e-Hind said it opposes the UCC as it is “totally against the religious freedom and fundamental rights guaranteed to the citizens in Article 25 and 26 of constitution”.
India has three organs i.e Legislature, Executive, Judiciary, one of the organ which legislature which makes law so when we look upon the members of Legislature they also come from various religious background, and from various political parties which can create complication in framing a law which comes under UCC. The UCC is a divisive issue in India, with proponents arguing that it would promote equality and secularism, and opponents arguing that it would interfere with religious freedoms and cultural practices. Overall, the debate over the UCC in India highlights the complex and sensitive relationship between law, religion, and culture in the country that should be scrutinised from a detached point of view and should be addressed in a phased and holistic manner.
UNIFORM CIVIL CODE AND PERSONAL LAWS
HINDU:
When we look upon ancient history of Hindu religion we come across a concept called a Hindu Undivided Family (HUF) a HUF is a family made up of everyone who is directly descended from a single male ancestor. The HUF concept will be abandoned if UCC is eventually put into use.
MUSLIM:
According to the Muslim Personal Application Act, 1937, marriage, divorce, and maintenance is governed by Shariat or Islamic law. If there is implementation of UCC, polygamy(custom of having mote than one wife at the same time) might be opposed and minimum age for marriage would be modified which is mentioned under Shariat Law.
SIKHS:
The Anand Marriage Act 1909 governs marriage laws among Sikhs. However, divorce is not permitted. In this case , Hindu Marriage Act governs Sikh divorce but if UCC is implemented, a common law will likely be applicable to all communities and weddings registered under the Anand Act.
PARSI:
According to Parsi Marriage and Divorce Act of 1956, any woman who marries a person out of the religion forfeits all rights to parsi ceremonies and customs, however, if UCC is implemented, this clause will be removed.
UNIFORM CIVIL CODE AND JUDICIARY
Indian Judiciary has passed through various landmark judgments has supported UCC. Judiciary is of view to implement UCC in India as it would be more easier for them to grant justice to the layman. Judiciary said UCC is a only way to make our nation unite and spread the thought of togetherness among people where people would be governed by one common law i.e UCC. Due to implementation of UCC the term justice would be portrayed in more clear way to the layman.
The concept of Equality would be used and implemented by judiciary in proper way. The advocates of UCC states that implementation of UCC will bring Uniformity among the people and justice would be given as per on common law which would implemented by laws made under UCC.
In the famous case of Mohd Ahmed Khan v. Shah Bano Begum6, the Supreme Court speaking through Y.V. Chandrachud, the then Chief Justice held that the Section 1257 of the Criminal Procedure Code is also applicable to the Muslims and that even a muslim husband is liable to maintain his divorced wife beyond the iddat period. The controversy began and the parliament had passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 tooverrule the judgement in the Shah Bano Case. The effect of this act is that a muslim husband is not liable to maintain his divorced wife beyond the iddat period unless both the spouses submit to the court at the appropriate time that they would like to be governed by the Criminal Procedure Code. This is like having the provision but not using it for the sake of protection of the Personal law space and not giving enough justice to the woman who is suffering so much.
In the case of Sarla Mudgal v. Union of India (1995), the Supreme Court of India directed the Ministry of Law and Justice to reflect the steps taken and efforts made, by the Government of India, towards securing a “uniform civil code” for the citizens of India.
In the case of Pannalal Bansilal Patil v. State of Andhra Pradesh (1996), the Supreme Court of India held that “a uniform law, though is highly desirable, enactment thereof in one go perhaps may be counter-productive to unity and integrity of the nation. In a democracy governed by rule of law, gradual progressive change and order should be brought about. Making law or amendment to a law is a slow process and the legislature attempts to remedy where the need is felt most acute.
In the case of John Vallamattom and Ors. v. Union of India (2003), The Supreme Court of India held that there is no necessary connection between religious and personal law in a civilized society. It is no matter of doubt that marriage, succession, and the like matters of a secular character cannot be brought within the guarantee enshrined under Articles 25 and Article 26 of the Constitution. Any legislation which brings succession and the like matters of secular character within the ambit of Articles 25 and 26 is suspect.
Uniform Civil Code in Goa:
Goa is the only state in India that has uniform civil code regardless of religion, gender, . Goa has a common family law. Thus Goa is the only Indian state that has a uniform civil code. In Goa Hindu, Muslim, Christians all are bound with the same law related to marriage, divorce, succession. When the Goa became the part of union territory in 1961 by the virtue of the Goa Daman and Diu administration act 1962 the parliament authorized the Portuguese civil code of 1867 to Goa and shall be amended and repealed by the competent legislature.In Goa marriages is a contract between two people of different sex with the purpose of living together and constitute the legitimate family which is register before the office of civil registrar. And the particular rules and regulation has to be followed by the parties after that they can live together and start their life but there are certain restrictions according to which these categories of person are prohibited to perform marriage for example: any spouse convicted of committing or abetting the murder of other spouse shall not marry.
CONCLUSION
The battle between UCC and religion may involve finding nuanced solutions that safeguard the principles of secularism, gender equality, and human rights while also respecting the values and beliefs of various religious communities. This could include provisions for opt-outs or exceptions in certain areas, mechanisms for resolving conflicts between religious and civil laws, and continued efforts to promote education and awareness on the importance of gender equality and human rights within religious communities.
It is essential to recognize that this process will require patience, understanding, and a commitment to upholding the principles of a just and inclusive society. By working together, acknowledging each other’s concerns, and seeking common ground, it may be possible to move towards a harmonious coexistence between a UCC and religious practices. However, this conclusion may vary depending on the unique sociopolitical context of each country, and there may not be a one-size-fits-all solution.
Author: Vaibhavi Pawar
Juris Centre 