Uniform Civil Code (UCC)

BRIEF SYNOPSIS:

 

With the advent of independence of India, a dialogue upon the Uniform Civil Code (UCC) is still a conundrum for everyone. Everyone is inquisitive to know about UCC and how can we implement it in India? Firstly let me decode UCC in simple terms for the layman viewers. The Uniform means "the same", Civil means "Public" & Code means "Law". Hence, the UCC is nothing more than "an equal law for everyone". 

IMPLEMENTED COUNTRIES OF UCC:

 

The United States of America, the United Kingdom, Poland, Pakistan, Norway, Australia, Germany, Luxembourg, Canada, China, Iceland, Russia and many more are on course of Uniform Civil Code.  It must make you feel regret it, when you read more about the website.

 

BACKGROUND:

 

Though, it is not a new topic; "Article 44 contained in part IV of the Constitution of India says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Still there is no draft or frame yet for the UCC, the framers of the Constitution envisioned that it would be a uniform set of laws that would replace the different personal laws of each religion with regard to matters like adoption, marriage, divorce and inheritance. Part IV of the Constitution summarizes the Directive Principles of State Policy, which, while not enforceable or justifiable in a court of law, are fundamental to the country’s governance"

It is a big question that the UCC would come in the way of Article 25 which guarantees the right to freedom of religion subject to public order, morality, and health. However, it is not true and rejected the notion that a UCC would be against the freedom of religion as the Constitution allowed the government to make laws covering secular performances related to religious practices if they were intended for social reform.

The UCC may be beneficial viz. supporting the unity of the nation and equality for women. If personal laws of succession, inheritance and so on were seen as a part of communities, then the most discriminatory practices of the Hindu personal law against women could not be abolished.

DIVERSITY IN THE ARGUMENTS ABOUT THE UCC:

 

• India needed UCC as the country could not run with the dual system of “separate laws for separate communities” In India there is uniformity in most criminal and civil matters viz the Civil Procedure Code, Criminal Procedure Code and the Contract Act, States have made many amendments to the CrPC and IPC, as well as several amendments to civil nature laws.
• How the different laws for different cultures converting into a single law will be success and make us in unity?
• Besides, constitutional law experts argue that perhaps the makers did not intend total uniformity, which is why personal laws were placed in entry 5 of the Concurrent list.
• Even at the time of drafting the any Code, the makers have to keep in mind whether the basic fundamental rights which are enshrined in the Constitution of India Bill are parallel with this code.
• Besides, many tribal groups in the country, irrespective their religion, follow their own customary laws.
• Even the Hindu Succession Act of 1956 made several compromises, wives are still not coparceners nor do they have an equal share in inheritance. The marriages amongst close relatives are proscribed by the Hindu Marriage Act of 1955, they are considered auspicious in the south of India..
• the Shariat Act that was passed in 1937, applicability also varies for certain division of Muslims. Similarly, there is still no uniform applicability when it comes to the Muslim personal law
• Most of the people are in a notion that this would basically mean selection of certain communities and applying them to the Hindu community.

 

Uniform Civil Code in Goa:

An Indian State which has a functioning of UCC, while experts point out that the ground reality in Goa is more multifaceted and that the Code has legal pluralities.

APEX COURT:

 

The Hon'ble Supreme Court has already cited in various judgements for the implementation of the UCC viz. in case of

1. Ahmed Khan vs Shah Bano Begum judgement of 1985. 
2. Sarla Mudgal's judgement in the 1995 as well as in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).

LAW COMMISSION OF INDIA

 

LAW COMMISSION OF INDIA towards Uniform Civil Code is soliciting public views regarding this code. The Ministry of Law & Justice, the 22nd Law Commission of India is examining the subject matter of Uniform Civil Code.

Keeping in mind the relevance and importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject.

 

A CONUNDRUM

 

Most of us are in a notion, if there is plurality in already codified civil and criminal laws, how can the concept of ‘one nation, one law’ be applied to diverse personal laws of various communities? The Hon'ble Supreme Court in various passed judgements has pointed for the implementation of the Uniform Civil Code. The Law Commission suggested certain measures in marriage and divorce that should be uniformly established in the personal laws of all communities. A political "Litmus Test" towards Uniform Civil Code is already in pipeline by the current ruling party. Fast shipping and quality guarantee. 

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BY: Adv. Sanjay Singh Attri