Uniform Civil Code: Towards Unified Bharat

By Piyush Gupta

The Uniform Civil Code—a subject entrenched in the very fabric of our nation's socio-legal discourse—stands at the intersection of law, ethics, religion, and societal norms.
Within the pages of this book lies a repository of knowledge, a collection of perspectives, and an exploration of the nuances surrounding the concept of a Uniform Civil Code. It navigates through the intricacies of personal laws, addressing the complexities of diverse cultures, religions, and traditions that coexist within our pluralistic society.

• Language: English
• Publisher: Blue Rose Publishers
• Release date: Dec 27, 2023

Book preview

CHAPTER 1

Introduction

With the enactment of the Constitution of India in 1950, we as the citizens of the newly independent and diverse nation, gave ourselves a unified set of provisions which entails the ambition of a newly founded nation along with the ideals which were to be adhered solemnly as we soar to the new heights as a nation. As the days wore on, standardized set of rules and procedures were adopted with the idea of fostering Uniform laws to promote consistency and efficiency in the legal system.

To mould this vision of having uniformity in personal laws into reality, the makers of the constitution included article 44 (among other implicit articles) as an obligation upon the state to endeavour to secure for citizens a uniform civil code. The Uniform Civil Code (UCC) is a proposed legal framework that aims to replace personal laws based on religious practices with a common set of civil laws applicable to all citizens of India. The implementation of a UCC has been a contentious issue in the country, with proponents arguing for its necessity to promote equality and secularism, while opponents cite concerns about cultural and religious diversity. The article was inserted as a reminder to effect integration of India by bringing various communities on the common platform on matters that are presently governed by diverse personal laws. The argument for a uniform civil code (UCC) is irrefutable in a modern nation state as long as it is rational, non-discriminatory and promotes social equality and gender justice. Multiple legal codes flout the principle of equality before the law. India's legal system is a complex web of overlapping laws and regulations. Implementing a UCC would require a comprehensive overhaul of existing personal laws, which can be a daunting task. Harmonizing diverse religious and cultural practices into a single code poses significant challenges, as it necessitates balancing the rights and interests of various communities

However, despite having a clear constitutional mandate on the issue whenever the demand for introducing Uniform Civil Code (hereinafter referred to as ‘UCC’) arises, various sections of society seem to be at loggerheads over its enactment and implementation. This book is a compilation of all the multi-faceted debates over the issue of enactment and implementation of UCC in the Indian democratic setup.

The chapter titled ‘The Authentic Foundation of Uniform Civil Code’ talks about the legislative history of the aforementioned issue. Further, the chapter is bifurcated into two parts, where one-part sheds light on the pre-constitutional views on the issue of UCC and the second part elucidates the developments after the introduction of the constitution of India. In furtherance of the aforementioned discussion, the development in various statutes dealing with the personal laws of the citizens has also been evaluated. To lay down the groundwork for the upcoming discussions, the arguments put forth during Constitutional assembly debates, Bills laid down in either house of the parliament as well as the works of the key contributors who have got the progression of the UCC as a subject matter to the level on which it stands today. Based on the deliberations put forth, the Chapter further enlarges the discussion by identifying the key figures in the discussion and how they played a major role in the furtherance of this idea of having a Uniform Civil Code. The authentic foundation of a Uniform Civil Code in India lies in its potential to foster social justice, gender equality, and national integration. While the path to its implementation may be challenging, creating a legal framework that ensures equal rights and opportunities for all citizens is imperative. A well-crafted Uniform Civil Code can reinforce the principles of secularism and contribute to a more harmonious and inclusive society in India.

The chapter titled as ‘Judicial Pronouncement on Uniform Civil Code’ provides the views that have been put forward by the judiciary from time to time on the discussion pertaining to UCC. The Chapter includes various landmark judgments on the aforementioned matter, along with pertinent discussion pointing towards the essentiality of the implementation of a Uniform Civil Code. The desirability of the code has been stated time and again by various authorities including the apex and other High courts. There is a catena of judgements in which the courts have minced no meat in putting forwards the dire need for the implementation of UCC in the country. This chapter also includes the recent orders of the Hon’ble courts, whereby the judiciary has highlighted the role of the legislature in the implementation of the Uniform Civil Code.

The concept of a Uniform Civil Code (UCC) is not unique to India and has been a subject of discussion and implementation in various countries around the world. While the specifics and extent of UCC may differ across jurisdictions, the international perspective provides insights into different approaches and experiences regarding the implementation of a uniform civil code. The international perspective offers useful insights into various approaches and experiences, providing crucial insight for nations considering the adoption or revision of their civil laws. It is crucial to highlight that based on the unique legal, cultural, and historical circumstances of each nation, the application and scope of the Uniform Civil Code might vary considerably. The experiences of different nations highlight the potential benefits of a uniform legal framework, such as promoting equality, social cohesion, and gender justice. However, it is equally crucial to consider the sensitivities, religious diversity, and cultural nuances of a particular country along with numerous other social factors when formulating and implementing a Uniform code. The chapter titled ‘International perspective with respect to UCC, presents a holistic point of view with respect to the countries where similar code is either in force or has been implemented. What are all the counties where such laws have been introduced, or an attempt is being made to introduce such laws; how is the reception where such laws have already been introduced or their net effect on the legal system of the concerned nations; whether a success or a failure? These are a few questions, in the backdrop of which this chapter will proceed. The chapter begins by describing one of the earliest legal systems i.e., the Roman legal system. Afterwards, the chapter proceeds to explain the uniform civil laws of France, the unification movements in the USA, Uniform Child custody jurisdiction and Enforcement Act, Uniform Child Abduction Prevention Act etc. Along with these major statutes, landmark judicial pronouncements of these contemporary jurisdictions have also been mentioned for a better understanding of the topic. Position in Canada, Australia, Africa and the Middle East has also been discussed.

Observing the importance of a Uniform Civil Code, the Supreme Court in its landmark judgment of Shah Bano propounded that, "A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies." Since Indian Judiciary has not taken a definite view on UCC, the issue remains a subject of political and societal debate in India. However, the Apex Court has observed in several cases that the implementation of the UCC would promote gender justice, equality, and secularism in the country. Overall, the chapter concludes with how the judiciary has stressed the importance of a uniform code in ensuring equality and justice to all citizens irrespective of religion, but the decision to implement it remains with the legislature and the executive.

The Law Commission of India plays a crucial role in shaping and reforming the legal system of the country. Established as a non-statutory body in 1955, its primary function is to examine and review existing laws, propose legal reforms, and recommend necessary changes to the government. The chapter titled as ‘Law Commission Recommendations on the Uniform Civil Code’ elucidate and dissects the reports provided by the Law Commission on the subject matter of UCC. The chapter discusses in detail the Law Commission of India’s report on Reforms in the Hindu Marriage Act, 1955 (Report No. 252), the Commission recommended that the government take steps towards the implementation of a UCC. The discussion of the chapter in a nutshell would be that the Law Commission has argued that the implementation of a UCC would promote gender justice and equality, and would also bring greater clarity and consistency to the legal system. However, the Commission has acknowledged that implementing such a code would be a complex task and would require careful consideration of various religious and cultural sensitivities. The chapter is bifurcated into various sub-dimensions of the ongoing discussion. Initially, it examines the consultation paper and then further proceeds to discuss the recommendations of the consultation paper.

Religion plays a significant role in personal laws in India, and different religions have their own set of laws governing these matters. UCC has been a contentious issue in India for several decades, with some arguing that it is necessary for the country’s secularism and to ensure gender justice and equality, while others argue that it is a threat to religious freedom and diversity. Some religious groups in India have opposed the implementation of the UCC, arguing that it would interfere with their religious practices and customs. However, others argue that the UCC would promote gender equality and justice, as it would ensure that all citizens, regardless of their religion, are governed by the same laws. In this pretext, the chapter titled ‘Uniform Civil Code and Religion in India’ is perhaps one of the most significant ones in the book. The chapter begins by explaining the religious demography of India, simultaneously tracing the major religions, their distribution, and their historical and cultural significance. Moving further, the chapter discusses personal laws in India and various statutes governing the same. Towards the end, the chapter concludes by providing a viable solution for religious discord and how UCC can act as an effective tool to resolve religious discord in India by promoting a sense of equality and justice among all citizens, regardless of their religion.

The chapter titled ‘Uniform Civil Code: Paving a better future for India’ talks about how UCC is advantageous for promoting a nationalistic spirit through uniformity. Further, the chapter enunciates how in a pluralistic society like India, people have faith in their religious beliefs or doctrines, making it challenging to implement Uniform Civil Code. The chapter sheds light on the issues of National integration, intergroup religious equality and simplification of laws. The existence of different personal laws based on religious practices and customs often leads to confusion and conflict, especially in cases involving inter-faith marriages and succession. A uniform civil code would help in resolving such conflicts by providing a clear legal framework for resolution. One of the main arguments in favour of a UCC is that it would ensure gender equality by providing a common set of laws applicable to all citizens, regardless of their religious affiliation. Indian women often face discrimination in personal matters governed by religious laws, such as marriage, divorce, and inheritance. Many women support the idea of a UCC as they believe it would guarantee equal rights and treatment in these areas. The existence of multiple personal laws based on religion creates confusion and complexity, particularly for women who are unaware of their rights or lack access to legal resources. A UCC would simplify the legal framework, making it more accessible and understandable for women. This would enable them to navigate legal processes more effectively and assert their rights with greater confidence. While many women advocate for a UCC, there are concerns about striking a balance between cultural identities and individual rights. It is important to ensure that the implementation of a UCC does not lead to the erasure of cultural diversity or the imposition of practices that are alien to certain communities. Women hope that a UCC would respect their cultural identities while also guaranteeing their fundamental rights. The chapter revolves around the thought that UCC would help in fostering national unity and integration by providing a common legal framework for all citizens of the country. To buttress the arguments, the views of several legal luminaries have also been referred to in this chapter. Various benefits of implementation such as the promotion of gender equality, ensuring social justice and simplification of legal procedures have also been discussed.

The chapter titled as ‘Looking at UCC from the eyes of the Indian women’ vividly discusses the issues that women are facing due to the tyranny of personal laws. Personal laws discriminate against women in matters of marriage, divorce, custody of children, inheritance, and property rights. In addition to it, they are not given equal rights in matters of inheritance and property. The implementation of a Uniform Civil Code (UCC) in India has been a topic of discussion for many years. While proponents argue that a UCC would promote gender equality and women's rights, it is essential to examine the potential impact of such a code from the perspective of Indian women. This essay aims to explore the views and concerns of Indian women regarding the Uniform Civil Code. The present chapter seeks to look at the implementation of the Uniform Civil Code in India through the lens of women. The chapter also discusses how personal laws in India have long been skewed in favour of men, perpetuating discrimination against women in matters such as marriage, adoption, maintenance, and succession.

The chapter provides a vantage point with respect to a woman’s perspective. It put forth the contentions of women as a category, on the issue of the Uniform code. The issue of gender justice in personal laws has been a contentious topic and has been cited as a reason to implement Uniform Civil Code, particularly after several Supreme Court decisions on the matter. The chapter ends with the conclusion that the Uniform Civil Code is particularly necessary because it will grant women in India equal rights, particularly because religion-based personal laws are misogynistic. From the perspective of Indian women, the implementation of a Uniform Civil Code holds the potential to address gender inequality, promote secularism, and protect women from discriminatory practices. They believe that a UCC would offer them equal rights, freedom of choice, and a simplified legal framework. However, it is crucial to approach the implementation of a UCC with sensitivity to cultural diversity, ensuring that women's rights are upheld without undermining their cultural identities. Engaging in inclusive dialogues and considering the perspectives and experiences of women from different backgrounds is crucial to shaping a UCC that truly advances gender equality in India. For its implementation, both religious and personal laws should be evaluated, and the best elements from all major religions as well as from other nations' personal laws should be gathered and used.

The chapter titled as ‘The wise are with the UCC’ is a compilation of various prominent voices which have been echoing in favour of the implementation of the uniform code. The chapter beautifully weaves different opinions of doyens of law and other prominent figures and presents a holistic view regarding the essentiality of implementation of the UCC. This concept has received a myriad of responses and still continues to spark debates. The personal laws enacted by the colonial rulers have proved to be inconsistent and discriminatory from time to time. The issues regarding parity in inheritance rights for women, guardianship, interfaith marriages, and variation in the rights offered by these personal laws to different genders, are seldom discussed in depth. Intellectuals and progressive thinkers often support the implementation of a UCC as they see it as a means to promote social justice, secularism, and individual freedoms. They believe that a uniform set of laws applicable to all citizens, irrespective of their religious affiliations, would foster national integration, reduce social divisions, and uphold the principles of equality and secularism. Many legal experts and scholars argue in favour of a UCC, highlighting the need for a simplified and coherent legal framework. They point out that the existence of multiple personal laws based on religious practices creates complexity and confusion, leading to legal