INTRODUCTION
It is important to understand the meaning of UCC before comprehending the concept. Article 44 of the Indian Constitution provides that “The state shall endeavour to secure the citizens a Uniform Civil Code throughout the territory of India.” [1]
The term “code” refers to compiling all laws about a specific subject that were previously enacted verbally and then written down. Personal laws are the primary topic of discussion when discussing UCC. These personal laws cover topics of family law, such as guardianship, adoption, succession, inheritance, maintenance, alimony, divorce, and marriage. Uniform refers to a single law that applies to everyone, regardless of religion.
HISTORY OF UNIFORM CIVIL CODE
In addition to being the most contentious issue in the current situation, UCC was also a contentious issue at the constituent assembly. The draft item was adopted as Article 35 by the assembly.[2]
Mr. Mohamad Ismail Sahib’s suggestion to include a proviso clause in the article stating that no one is required to provide their laws sparked the discussion.[3]
However, Dr. B. R. Ambedkar opposed the amendments proposed in the article and was a strong supporter of the implementation of UCC. However, it was included to Article 44 of the Indian Constitution after receiving harsh criticism from Muslim leaders and other minority communities.[4]
STEP TOWARDS EQUALITY
Several arguments are presented by UCC’s advocates, highlighting the necessity of UCC in India. An example of this is gender equality. According to them, discrimination against women has existed forever. Muslim women have long been subjected to oppressive customs such as Triple Talaq, Polygamy, and Nikah Halala.
It was a historic case in which the Supreme Court ruled that the practice of triple talaq was unconstitutional.
The practice of polygamy, including Nikah Halala, Nikah Mutah, and Nikah Misyar, was contested as unconstitutional in the writ case of Sameena Begum v. Union of India.[5]
When it comes to succession, Shia law states that the husband is entitled to one-fourth of the property if a wife dies and leaves a lineal descendant. But if there are no surviving relatives, the husband keeps half of the property while the wife only gets 1/8th. The daughter receives ½ of the property in circumstances of intestate succession. However, the daughter becomes residuary and the son receives twice as much as the daughter if there is a son. Women were denied the ability to inherit before the Muslim Personal Law Act was put into effect in 1937.[6] Therefore, implementing UCC will eliminate inequity in succession.
In Muslim law, the legitimacy of a child is based on how long the couple have been apart, which can be anywhere from 10 months to 4 years. In the meantime, a separation period of 270–280 days is considered by Hindu, Christian, and Parsi laws when evaluating the validity of offspring.[7] However, unless it can be demonstrated that the parties to the marriage were unable to conceive during that time, a child born during a valid marriage or within 280 days after the marriage dissolves is regarded as the legitimate child of the husband if the mother stays single, as per section 116 of the BSA,2023.[8] Consequently, UCC’s implementation will aid in resolving these conflicts.
While the Hindu Marriage Act stipulates that a woman must be 18 years old, and a man must be 21 years old to get married, Islamic law recognises marriages between minors who have reached puberty.[9] Thus, a constant marriage age is required.
UCC is a step towards secularism. The preamble of our constitution embodies the secular ideas. Prime Minister Modi highlighting the need for a secular code and stated, “Laws that divide our nation based on religion and foster discrimination have no place in modern society. Therefore, I assert that that it is time for the country to demand a secular civil code.”[10]
Consequently, proponents of a unified civil code see it as a step toward equality since it advances gender equity, streamlines the legal system, and resolves the complex web of various succession and inheritance difficulties.
STEP TOWARDS CONTROVERSY
Minority groups, including Muslims, strongly condemn UCC. They feel that their fundamental right to practice their religion will be violated by the introduction of UCC. A resolution to exempt Nagaland from the uniform civil code was passed by the Nagaland assembly. The Nagaland government and the Naga people believe that the UCC will threaten their social customs, religious traditions, and customary laws, all of which could be threatened if the UCC is imposed.[11]
According to the numerous minority groups, Muslim communities, Dalits, and tribal people, UCC poses a threat to the idea of unity in diversity, as well as to the fundamental rights guaranteed by the Constitution and religious and cultural diversity. Additionally, they worry that UCC may jeopardise the reservations granted to SC, ST, and OBCs.[12]
Prominent Muslim figures like Maulana Yasoob Abbas, general secretary of the All India Shia Muslim Personal Law Board, have voiced significant opposition to the adoption of UCC, stating that each community needs its laws to thrive and that any interference in them is not acceptable.[13]
The Muslim clergy thinks that if the UCC is put into place, their influence among believers will progressively decline.[14]
Therefore, UCC is fiercely opposed by Muslim and other minority populations, even if it represents a step towards equality, eliminating gender inequality, and granting women equal rights. They think that if it is put into practice, the majority will eventually rule over the minority.
CONCLUSION
The way society or individuals view UCC will determine if it is a step toward equality or a contentious issue. Every social shift is accompanied by criticism. Although UCC’s goal is good for society, its execution shouldn’t happen all at once; rather, it should happen gradually. Different societies’ marriage customs should not be altered because they are religious, but some adjustments that are required to grant women equal rights should be considered. Tribal communities should also be left out.
Author’s Name: Jasleen Kaur Chahal (Chandigarh Group Of Colleges, Mohali, Punjab)
[1] The Constitution of India, art 44
[2] Constituent Assembly of India Debate, November 1948, Volume 7
[3] Ibid
[4] Ibid
[5] Sameena Begum v Union of India and Ors WP No 000222/2018
[6]Rahul Jain, ‘Uniform Civil Code Towards Gender Justice’ (2023)9(5) International Journal of Legal Developments and Allied Issues <https://thelawbrigade.com/wp-content/uploads/2023/09/Rahul-Jain-IJLDAI.pdf> accessed 4 February 2025
[7] Mayuri, ‘Navigating Legal Pluralism: Personal Laws And The Uniform Civil Code’ (Manupatra, 19 July 2024) <https://articles.manupatra.com/article-details/ NAVIGATING-LEGAL-PLURALISM-PERSONAL-LAWS-AND-THE-UNIFORM-CIVIL-CODE> accessed 5 February 2025
[8] The Bharatiya Sakshya Adhiniyam 2023, s 116
[9]‘Raising Legal Age For Marriage’ (Drishti IAS, 7 January 2022) <https://www.drishtiias.com/daily-updates/daily-news-analysis/ raising-legal-age-of-marriage-for-women> accessed 4 February 2025
[10] Dhrubo Jyoti, ‘PM Modi calls for a new ‘secular’ code’ Hindustan Times (New Delhi, 16 August 2024) <https://www.hindustantimes.com/india-news/pm-modi-calls-for-a-new-secular-civil-code-101723744206009.html> accessed 5 February 2025
[11]‘Nagaland assembly passes a resolution for exemption from Uniform Civil code’ The New Indian Express ( 12 September 2023) <https://www.newindianexpress.com/nation/2023/Sep/12/ nagaland-assembly-passes-resolution-for-exemption-from-uniform-civil-code-2614169.html> accessed 4 February 2025
[12]‘UCC a threat to fundamental rights, says representatives from minority communities in joint statement’ Times of India (26 July 2023) <https://timesofindia.indiatimes.com/india/ ucc-a-threat-to-fundamental-rights-say-representatives-from-minority-communities-in-joint-statement/articleshow/102148401.cms> accessed 5 February 2025
[13]‘Muslim leaders argue UCC impractical in India’ National Herald (16 June 2023) <https://www.nationalheraldindia.com/ national/muslim-leaders-argue-ucc-impractical-in-india> accessed 6 February 2025
[14] Biju Govind, ‘India needs Uniform Civil code, but it should be a secular code that does not favour any group’ The Hindu (14 July 2023) <https://www.thehindu.com/opinion/leaderindia-needs-a-uniform-civil-code/article67050330.ece> accessed 6 February 2025
