“What are the implications of a Uniform Civil Code in India in relation to Shariah and Hindu law, and how can legal reforms balance religious diversity with the pursuit of gender equality and social justice?”
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“It is a regret that Article 44 has remained a dead letter” said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed ‘Uniform Civil Code(Article 44)’ under Directive principles of State Policy(Part IV).
Need for UCC to balance diversity and ensure social justice
1) It enhances ‘Secularism’ – mentioned in Preamble and a part of Basic structure.
2) It is based on ‘Equality’ – a fundamental right (Article 14)
3) Personal laws are usually against women and marginal, vulnerable sections.
For example, Shariat – allows polygamy (Sarala Mudgal Case)
5) States like Goa, Uttarkhand have adopted UCC after legislative consensus
6) Supreme Court has supported its implementation in multiple instances.
Challenges to implement UCC
1. Article 26 provides for the right to manage one’s own religious matters.
2. Debate of – Fundamental Rights(Article 26) v/s DPSPs(Article 44)
3. STs have customary laws protected by the constitution itself.
4. Apprehensions of imposition of majoritarian values on minority
5. Accommodating diversity
Way forward
1) 22nd Law commission sought public consultation process on UCC
2) Consensus building that UCC is necessary
3) In the short-term personal laws can be codified phase-wise
4) UCC should not be imposed right away through an ordinance, it should pass through parliamentary debates and deliberations
5) Political parties should rise above differences for the common good of all
A fundamental change in people’s mindset is required for UCC’s implementation.
“It is a regret that Article 44 has remained a dead letter” said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed ‘Uniform Civil Code(Article 44)’ under Directive principles of State Policy(Part IV).
Need for UCC to balance diversity and ensure social justice
1) It enhances ‘Secularism’ – mentioned in Preamble and a part of Basic structure.
2) It is based on ‘Equality’ – a fundamental right (Article 14)
3) Personal laws are usually against women and marginal, vulnerable sections.
For example, Shariat – allows polygamy (Sarala Mudgal Case)
5) States like Goa, Uttarkhand have adopted UCC after legislative consensus
6) Supreme Court has supported its implementation in multiple instances.
Challenges to implement UCC
1. Article 26 provides for the right to manage one’s own religious matters.
2. Debate of – Fundamental Rights(Article 26) v/s DPSPs(Article 44)
3. STs have customary laws protected by the constitution itself.
4. Apprehensions of imposition of majoritarian values on minority
5. Accommodating diversity
Way forward
1) 22nd Law commission sought public consultation process on UCC
2) Consensus building that UCC is necessary
3) In the short-term personal laws can be codified phase-wise
4) UCC should not be imposed right away through an ordinance, it should pass through parliamentary debates and deliberations
5) Political parties should rise above differences for the common good of all
A fundamental change in people’s mindset is required for UCC’s implementation.
Uttarakhand became the first state to have a UCC in March 2024. With this, experts are now anticipating when India will get a UCC. But a question as to the implications of UCC on the personal laws of Hindu and Muslim arises.
Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
Looking at the codified personal laws of various communities in India — all Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill, neither are Muslims and Christians under their personal laws. Originally designed to modernize and unify various aspects of Hindu personal laws such as marriage, succession, guardianship, adoption, and maintenance, the bill encountered strong resistance from traditionalist groups. As a result, it underwent multiple amendments and ultimately split into four separate acts — the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act — during the 1950s.
Likewise, uniformity in the application of Muslim personal law remains elusive, exemplified by the Shariat Act of 1937. Notably, this act does not extend to Jammu and Kashmir, where Muslims adhere to customary laws divergent from mainstream Muslim personal law in India. Furthermore, applicability varies among different Muslim sects. Additionally, many tribal communities across India, irrespective of religious affiliation, adhere to their own customary laws.
So, it is difficult to implement the UCC in a diverse country like India. The differences between the personal laws of Hindu and Muslim, difference between the customary laws of varied communities among each religion and the potential unrest it might cause, makes the drafting of UCC challenging. The legislature and the law commission will have to scrutinize the discrimination, stereotypes and the customary laws of different sects before starting with the draft of UCC.