Uniform Civil Code (UCC) and its Significance

The Uniform Civil Code aims to establish a uniform legal framework for all citizens, regardless of their religion. Article 44 in the DPSP, found in Part IV of the Constitution, states that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

Uniform Civil Code (UCC) will be helpful for UPSC IAS Exam preparation. GS Paper-2 Polity & Governance.

Table of Content:

• What is Uniform Civil Code
• History of Uniform Civil Code
• Uniform Civil Code in Goa (Goa Civil Code)
• Significance of Uniform Civil Code
• Recommendations of the Law Commission
• Conclusion
• Frequently Asked Question (FAQs)

What is Uniform Civil Code

• Uniform Civil Code (UCC) refers to a set of common personal laws that would apply to all citizens of a country, regardless of their religion or faith.
• It aims to replace different personal laws based on religious practices and customs with a uniform set of laws governing matters such as marriage, divorce, inheritance, and adoption.
• The concept of a Uniform Civil Code is often associated with countries that have diverse religious and cultural communities like India.
• The objective behind implementing a UCC is to promote gender equality, social justice, and national integration by ensuring that all citizens are subject to the same set of laws and principles.
• The code comes under Article 44 of the Indian Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

What is Article 44?

• The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.
• It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.

History of Uniform Civil Code

• The origin of the Uniform Civil Code dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts.
• However, the committee specifically recommended that personal laws of Hindus and Muslims be kept outside such codification.
• Increase in legislations dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941.
• The task of the Hindu Law Committee was to examine the question of the necessity of common Hindu laws.
• The committee, in accordance with scriptures, recommended a codified Hindu law, which would give equal rights to women.
• The 1937 Act was reviewed and the committee recommended a civil code of marriage and succession for Hindus.
• The draft of the Rau Committee report was submitted to a select committee chaired by B R Ambedkar that came up for discussion in 1951 after the adoption of the Constitution.
• While discussions continued, the Hindu Code Bill lapsed and was resubmitted in 1952.
• The bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
• The Act reformed the Hindu personal law and gave women greater property rights, and ownership. It gave women property rights in their father’s estate.

Shah Bano case:

• The conflict surrounding the issue of Uniform Civil Code witnessed a decrease over time, but resurfaced with the landmark Shah Bano case in 1985.
• Shah Bano sought maintenance from her husband after being divorced through the practice of triple Talaaq, which is permitted under Muslim Personal Law but is considered discriminatory against women.
• The Supreme Court ruled in favor of Shah Bano under the provision of the All-India Criminal Code that addresses the maintenance of wives, children, and parents, applicable to all citizens regardless of religion.
• The Supreme court also recommended the implementation of a uniform civil code.
• This case was significant as it highlighted the issue of maintenance for Muslim women and raised calls for a uniform set of laws governing personal matters.

Uniform Civil Code in Goa (Goa Civil Code):

• The Goa Civil Code was introduced after Portuguese Goa and Daman were elevated from being mere colonies to the status of Overseas Possession in 1869.
• It is an Indian ised variant of Portuguese legal system that draws largely from the Code Napoleon, a legal system common in Continental Europe.

Significance of Uniform Civil Code

Equality before the Law:

• A Uniform Civil Code promotes equality and justice by providing a common set of laws that are applicable to all citizens, irrespective of their religious background.
• It ensures that all individuals are treated fairly and have equal access to justice, irrespective of their religious background.
• It eliminates discriminatory practices embedded in personal laws and ensures equal rights and protection for individuals, particularly women, across different religious communities.
• This helps create a more inclusive and equitable society.

Gender Justice and Women’s Rights:

• Personal laws influenced by religious practices have often disadvantaged women, particularly in matters of divorce, inheritance, and polygamy.
• A uniform civil code would provide a more equitable legal framework, eliminating gender-based biases and ensuring equal rights for women.
• This helps address gender inequalities and promotes women’s empowerment, enabling them to exercise their rights and participate fully in social, economic, and political spheres.
• UCC would be step towards greater Gender justice.

Simplification and Efficiency:

• India’s legal system is complex and burdened with diverse personal laws, resulting in lengthy legal proceedings.
• Implementing a Uniform Civil Code would streamline legal processes, simplifying the system and making it more efficient.

National Unity and Integration:

• A UCC fosters social cohesion and national integration by promoting a sense of unity among diverse religious and cultural communities.
• It encourages a shared identity and common values, contributing to a stronger sense of national unity.
• By harmonizing personal laws, a Uniform Civil Code can bridge gaps and reduce divisions based on religion, fostering a cohesive and inclusive society.

Recommendations of the Law Commission

• The Law Commission of India is of the view that Uniform Civil Code is “neither necessary nor desirable at this stage”.
• It is of the view that it is discrimination and not the difference that lies at the root of inequality.
• To preserve the cultural and social fabric of the nation we need to protect and preserve diversity and plurality.
• They urged that the legislature should first consider guaranteeing equality ‘within communities’ between men and women, rather than ‘equality between’ communities.
• It suggested that in this absence of consensus on UCC, the best way forward is to protect and preserve the diversity of personal laws.
• Along with this, they should balance all personal laws against the fundamental rights guaranteed in the Constitution.

Conclusion:

A Uniform Civil Code would establish equality before the law, promote gender justice, streamline legal processes, and foster national unity but It is crucial to ensure that any such implementation is carried out with sensitivity, taking into account the diverse cultural and religious practices that make India unique.

Ref:Source-1

Other Articles in Polity & Governance
Directive Principles of State Policy	Seventh Schedule of Indian Constitution
Constituent Assembly of India	Devices of Parliamentary Proceedings
Basic Structure of Indian Constitution	National Human Rights Commission

FAQs(frequently asked question)