Uniform Civil Code

On 14 June 2023, The law commission of India asked for the suggestions from people which included questions to be answered objectively in ‘Yes or No.’ this was regarding the uniform civil code which was to be implemented in late 50’s but has not been informed yet.

“One Nation, one law” This is the principle on which the uniform civil code focuses. The law is broadly classified into criminal law and civil law out of which criminal law is same for all the Indians and in civil cases they are governed by their personal laws. The issues of inheritance, marriage and divorce are decided and resolved by personal laws in Muslim Christians and Parsis whereas Hindus, Sikhs, Buddhists and Jains are governed under the Hindu code bill. Moreover the part 4 of article 44 of Indian constitution states that, “this state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” Uniform civil code is listed in the DPSPs of the state and stated to implement after a period of time in 1947 because India had just faced bloody partition due to which implementing uniform civil code could provoke communal riots. But uniform civil code could not be implemented over the time due to a fragile political will of the left parties and the Congress which entertained it as null and void. If the uniform civil code gets implemented then all the men and women in the Union of India regardless of their religion and caste will be treated under the same civil law which include inheritance, marriage, divorce, maintenance and succession which can be a revolutionary and beneficial decision in the history of post independent India.

Law commission asked for suggestions from people in India on 14 June 2023  in which questions were asked and suggestions were invited. Law commission said that if improvements are made in the present personal laws and injury between religious rituals and fundamental rights is out beaded then there is no need for a uniform civil code. Implementation of uniform civil code is largely associated with the Shah bano case. In Shah bano case the verdict of the supreme court was that it’s the duty of husband to maintain his wife even after divorce in case she is unable to do so because the wife is considered wife legally, even after divorce according to section 125 of The criminal procedure code of India. This forms the basis of the idea of implementation of the uniform civil code in today’s date.

Though Goa has implemented the uniform civil code but the whole state is still devoid of it. Uniform civil code is secular law and rises above any personal law of every religion.

Advantages of UCC

• Reduction in the burden of the judiciary. Had been implemented earlier many cases would have been resolved till now and the number of cases pending would have much less.
• ‘One country, One law’ will weaken the communal vote bank politics.
• Protection of vulnerable sections of society
• Simplification of law
• Adhering to the ideals of secularism
• Gender justice

Muslims have accepted uniform civil code in Australia but are opposing it in India because they believe that their Sharia law is superior to that of uniform civil code. If we see this appeared ATI of Muslim personal law even the maulanas of the religion do not believe in it. Maulana Maududi, the chairman of Jamaat-e-Islami which the part of Muslim personal law board, in his book “Zojain: the rights of spouse” writes that, ” Law known as Mohammedan law, both in its format in spirit is very different from the Islamic sharyat and its application doesn’t deserve to be described as enforcement of Islamic laws. This sorry state of affairs has immensely damage the civil life of Muslims and most serious harm is that on account of this personal or at least 75% of Muslim households have become very double head. This law has made the lives of the overwhelming numbers absolutely bitter.” So once the supremacy of this Muslim personal law gets challenged, it can enhance the standard of living of many in India.

But before it lies the following challenges:

• Communal politics
• Constitutional Hurdle
• Rights of Tribal groups in the North East

Once the uniform civil code gets implemented strictly too much of the problem will end there. The only solution to the communal politics as well as the challenges posed by Muslim law is a uniform civil code to be implemented provided it doesn’t cause a mayhem like Shaheen Bag protests and that against farm laws. For this, the government should be determined to alienate any ambiguity in the provisions and reduce the confusions regarding the same. Although, some call for consensus of all communities, this is a herculean task and may yet, remain an utopian dream. The UCC will also be having onus to satisfy the educated right wing who understands the law and feels that they have been and are being cheated on in the name of majoritarianism and communal harmony. Some prominent like J Sai Deepak, senior advocate in Hon’ble Supreme Court of India and the Delhi High Court, are not sure if any government which will bring UCC would remain loyal to the majority and not harm the customs, rituals, practices of Hindus as they did in Hindu Code Bill.

Another voice that is audible is that UCC should not be brought if it disturbs the peace and public order in the country. Instead, for the welfare of the women and children in the religions exempted from Hindu Code Bill, 1955, the provisions of Article 14 and Article 15 can be used which empower the executive to make special laws for women and children in order to ‘foster a Uniform Civil Code’ as Article 44 directs.

Although many speculations remain, the draft that would be proposed in the parliament and its reactions will also decide the gains and losses of 2024 ‘Game of the Throne’