Uniform Civil Code in India: Facts, History, Significance, News

In June 2023, Prime Minister Narendra Modi strongly backed the Uniform Civil Code (UCC), a subject of debate since the inception of the Indian Constitution. Later that month, the 22nd Law Commission of India solicited the views of the public at large and recognised religious organisations about the Uniform Civil Code.

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While Uttarakhand has already become India’s first state to have a Uniform Civil Code, Assam and Gujarat have said they were in the process of introducing Bills to launch a common code for all citizens. This makes it imperative to understand the concept and the implications of the launch of a uniform civil code in a state.

What is Uniform Civil Code?

It is a proposal to replace the personal laws of all communities in India to establish a uniform legal framework for all citizens. If implemented, the Code will replace the existing personal laws that vary based on religious affiliations.

What does the Indian Constitution say about the Uniform Civil Code?

Article 44 of the Directive Principles of State Policy says that, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Legal experts say that the interpretation of the word endeavour is crucial here. This means that provisions made under the Directive Principles of State Policy are not legally enforceable but are meant to guide the State in making policies. Article 37 also states that the directive principles are guiding principles for government policies and are not enforceable by courts. The Constituent Assembly put the clause as a directive principle rather than a fundamental right due to this reason.

What will be the coverage of the Uniform Civil Code?

If a Uniform Civil Code were to be enforced, all citizens of India, irrespective of their caste, community and belief, would have common laws governing matters of marriage, divorce, inheritance, adoption, maintenance and succession.

What existing personal laws are there in India are present?

Personal laws are a set of rules governing a specific set of individuals in matters relating to marriage, divorce, maintenance, adoption, inheritance, guardianship, succession, etc. The evolution of personal laws in India dates back to the Mughal period through 1835, the British government report, 1941, the BN Rau Committee report and developments throughout the debates prior to the adoption of the Constitution.

Currently, Hindus, Jains, Buddhists, Sikhs, Parsis, Muslims, Christians and Jews are governed by their own personal laws based on religious identity. These include:

The Indian Succession Act, 1925
The Hindu Marriage Act, 1955
Parsi Marriage and Divorce Act, 1936
The Indian Christian Marriage Act, 1872
The Indian Divorce Act, 1869
The Child Marriage Restraint Act, 1929
Foreign Marriage Act, 1969
The Kazis Act, 1880
The Indian Succession Act, 1925
The Anand Marriage Act, 1909

In the presence of different governing laws, the succession rights of women in India, for instance, differ dramatically based on the woman’s religious beliefs. While Hindu daughters have an equal right on their father’s property under the Hindu Succession Act, Muslim daughters’ share in their father’s property is half of that of the sons as prescribed under the Muslim Personal Law.

Key judgements pertaining to Uniform Civil Code

While judgments made in the Mohd. Ahmed Khan v. Shah Bano Begum, the Jordan Diengdeh versus SS Chopra and the Sarla Mudgal versus Union of India argued in favour of the implementation of the code, there has been a contrarian argument against doing so.

The for-and-against debate on the Uniform Civil Code

In the Shah Bano case, the Supreme Court said: “Article 44 of our Constitution has remained a dead letter. There is no evidence of any official activity in framing a common civil code for the country. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. It is the State which is entrusted with the duty of securing a uniform civil code for the citizens of the country and, unquestionably, it has the legislative competence to do so. A beginning has to be made if the Constitution is to have any meaning.”

The 21st Law Commission brought up a consultation paper on “Reform of Family Law” in August 2018. While recommending modification in existing family laws across religions to tackle discrimination and inequality in personal laws, the commission said that “providing a uniform civil code is neither necessary nor desirable at this stage”. “The issue of uniform civil code is vast, and its potential repercussions, untested in India,” it added.

The commission also quoted Babasaheb Ambedkar, the chairman of the Drafting Committee of the Indian Constitution, who held a similar view.

“It is perfectly possible that the future parliament may make a provision by way of making a beginning that the Code shall apply only to those who make a declaration that they are prepared to be bound by it, so that in the initial stage the application of the Code may be purely voluntary,” Ambedkar said in the Constituent Assembly.

“The fact that secular laws such as the Special Marriage Act, 1954 also continue to suffer from lacunae, suggests that even codified or religion-neutral laws offer no straightforward guarantee of justice,” the commission added in its whitepaper.

How will the uniform civil code impact inheritance laws for various religions?

Once a state drafts and implements its own version of the uniform civil code, the inheritance rights of people would be the same, irrespective of their religion or community. The code basically proposes putting in place a standard set of laws for everyone. This would be entirely different from the current scenario where laws of inheritance are different for Hindus, Muslims, Christians and Parsis.

News update

Uttarakhand Unform Civil Code gets President approval

Uttarakhand has now become the first state in Independent India to have a Uniform Civil Code (UCC) after President Droupadi Murmu approved its UCC Bill, 2024. The Uttarakhand State Assembly on February 7, 2024, passed the which promises equal rights in property and inheritance to women aside from banning practices such as Halala, Iddat and Talaq provided under the Muslim Personal Law.

Uttarakhand Assembly passes Uniform Civil Code Bill

February 08, 2024: The Uttarakhand State Assembly passed the Uniform Civil Code (UCC) Bill on February 7, 2024, a day after chief minister Pushkar Singh Dhami introduced it in the lower House. Now, the Uniform Civil Code of Uttarakhand, 2024, will become an Act of law, and the draft provisions of the law, which was created under the chairmanship of retired Supreme Court judge Justice Ranjana P Desai, will come into effect.

With this Uttarakhand has become the first state in India to implement a Uniform Civil Code (UCC), which presents common law for marriage, divorce, inheritance of property, etc.

FAQs

Does any state in India follow a uniform civil code?

Yes, Uttarakhand follows a uniform civil code. Gujarat and Assam are gearing up to introduce a Bill seeking a Uniform Civil Code (UCC).

On which communities does the Indian Succession Act of 1925 apply?

The Indian Succession Act of 1925 applies on Christians, Parsis and Jews.

What will happen if UCC is implemented?

The implementation of the UCC will subsume personal laws in the country.

What is the scope of the UCC?

The scope of the UCC will be marriage, divorce, maintenance, guardianship, adoption, inheritance and succession.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com

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Sunita Mishra

An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.

In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
sunita.mishra@proptiger.com