Author: Asif Pasha A B (School of Law, CHRIST)

Introduction

The Uniform Civil Code (UCC) has constantly been controversial in India, representing expositions on equality, justice, and national integration. It advocates for a single legislation in India to give all citizens equal status, notwithstanding their religious community. Given that principles of equality are constitutionally inscribed in our Constitution, the UCC attempts to redress discriminatory provisions under current personal laws, particularly regarding matters of Inheritance, Adoption, Marriage, Divorce, etc.

The Uniform Civil Code (UCC) can be traced back to Article 44 in the Constitution of India, which stipulates that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

Since the preamble has announced India to be a secular state that shall hold all religions in equal respect, the constitution, through Article 44, gives directives to the government to frame rules regarding UCC.

The article examines the urgency of adopting a Uniform Civil Code, which is compelled by historical developments, constitutional imperatives, and path-breaking cases that have fueled the controversy.

Historical Background

India’s rich history showcases the continuous pursuit of equality and justice. The Constitution of India explicitly guarantees the right to equality for all citizens. However, the reason for UCC to be categorised under Directive Principles of State Policy (DPSP) is not what you think. Though the framers taught it to be necessary, they also knew it wasn’t the right time to implement it due to the communal situation of their time. So, it was incorporated as an aspect to be fulfilled when the nation was ready to accept it. As the country progresses towards development, it becomes imperative to draw lessons from history while striving for a more inclusive and egalitarian society.

Problems with Personal Laws Nowadays

The current personal laws in India are marked by stark differences and discriminatory treatment, especially towards women. Right to inheritance, for example, is usually disproportionately given, with women denied their due proportion or, in some instances, deprived of any inheritance rights. Scant legislative interventions have been made since independence to challenge these inequalities, like the Hindu Succession (Amendment) Act, 2005. These patchwork reforms are, however, ineffective in bringing about overall gender justice. The conflict between personal laws and fundamental rights has brought about innumerable litigations, again bringing to the forefront the question of the Uniform Civil Code. Divergent personal laws relating to marriage, inheritance, etc., among various communities conflict with Article 14, which imposes the duty to provide for equality. A Uniform Civil Code then assumes importance in firming the application of laws and ending partiality in the form of gender or religion.

The Uniformity Necessary in the Code Civil

The demand for Uniformity in the Indian code goes back to when the country became independent. Its proponents included great stalwarts like Dr. B. R. Ambedkar, who is known as the Father of the Constitution. Historic cases like the Shah Bano case, the Sarla Mudgal case, the Triple Talaq case, etc., highlighted the necessity for adopting a Uniform Civil Code in the nation. The rulings in these cases by the Supreme Court nudged the government to give thought to introducing the Uniform Civil Code, stressing the values of national integration, gender equity, and uniformity in the eyes of the law.

Entities under the Uniform Civil Code

Equal Status Guarantee: The UCC attempts to provide equal status to all citizens, regardless of religion, class, caste, gender, etc. The UCC upholds the values of equality in the Constitution and eliminates discriminatory provisions in personal laws.

Promoting Gender Equality: One of the primary objectives of the UCC is to achieve gender equality. By establishing uniform laws, both men and women will be treated equally, empowering women and eradicating gender-based discrimination prevalent in specific personal laws.

Unlocking Youth Potential: A UCC will allow India’s young citizens to give their best towards constructing the nation. A Uniform Civil Code will enable citizens to provide equal opportunity, thus bringing about cohesion and mutual progress.

Strengthening National Integration: India’s variegated cultural texture reflects its unity in diversity. However, differences in personal laws based on religious loyalties cause bifurcation. A Uniform Civil Code will enhance national integration as all citizens will have the same rules to obey, regardless of their faith.

Notable Legal Cases

A litany of cases has strengthened the urgency for a Uniform Civil Code in India:

Shah Bano Case: The most critical case, Mohammed Ahmed Khan v. Shah Bano Begum, in 1985, highlighted divergent practices under personal laws. The Supreme Court, while delivering its judgment in favour of Shah Bano, called for enacting a Uniform Civil Code to advance national integration while eradicating divergent loyalties towards diverse systems of laws.

• Sarla Mudgal Case: The Supreme Court in Sarla Mudgal v. Union of India directed the government to address the issue of individuals changing their religion to undergo another marriage. The Court, again, emphasised the significance of the Uniform Civil Code in restraining abuses of personal laws.
• John Vallamattom v. Union of IndiaA priest, John Vallamattom, approached the court in 1997 to challenge Section 118 of the Indian Succession Act. The section unduly restricted Christians’ gift of immovable properties for religious or charitable causes. The Chief Justice of India and two others held that Section 118 was unconstitutional and declared it invalid. This ruling guaranteed that Christians are treated equally while giving away properties for religious or charitable causes. It constituted another vital stride in protecting religious equality and fundamental rights.
• Triple Talaq Case: The practice whereby men were allowed to divorce their wives through sudden and immediate means was challenged in courts. Triple talaq was declared void by the Supreme Court as the practice contradicted the right to equality and religion. The case again underscored the requirement to enact a Uniform Civil Code to provide equal rights and protection to all citizens.
• Joseph Shine vs. Union of India: This case addressed adultery as well as the question of gender discrimination pervading the personal laws. The Court observed that treatment with respect to men as distinguished from therapy about women in adultery cases is discriminatory. It highlighted the necessity for uniform treatment under the law.
• Sabarimala Temple Case: The Indian Young Lawyers Association vs. State of Kerala case revolved around the restriction on the entry of women between the ages of 10 and 50 into the Sabarimala Temple. The Supreme Court, in the judgment, agreed that there is equality in the rights to worship between men and women, based on provisions from the constitution that bar discrimination based on gender.

Conclusion

Implementing a Uniform Civil Code in India is a critical stride towards achieving equality, justice, and national integration. By unifying personal laws and abolishing discriminatory practices, the UCC will guarantee that all citizens’ fundamental and constitutional rights are secured, regardless of religion. Challenges and apprehensions may emerge, but we must acknowledge that the UCC is intended to promote a tolerant community where religious beliefs exist side by side. Everyone is treated equally in the eyes of the law. India should aim towards not one religion, as Mahatma Gandhi sought, but a completely tolerant society where religious practices complement each other. A Uniform Civil Code is progressive legislation that fits into a multicultural nation’s changing times and needs while observing the principles of equality, justice, and national integrity.