The Uniform Civil Code (UCC) governs all citizens’ private matters, such as marriage, divorce, legacy, and adoption, irrespective of religion, gender, or sexual orientation. Implementing a UCC aims to replace the existing personal laws that vary based on religious practices and create a standard code applicable to all citizens.

Various communities across the country follow their laws governed by their religious scriptures. Bharatiya Janata Party has long pursued the implementation of a uniform civil code nationwide. However, to date, it remains a matter of debate where the political left wing, Muslim groups, and other conservative religious groups feel that UCC is opposed to the values of secularism in Indian politics.

History of Uniform Civil Code

The idea of a (UCC) Uniform Civil Code in India can be outlined back to the colonial era. During British rule, there were separate legal systems for different communities, such as Hindu law, Muslim law, and other personal laws for different religious communities. These laws governed marriage, divorce, inheritance, and adoption.

After India gained independence in 1947, the issue of a Uniform Civil Code became a part of the national discourse. The framers of the Indian Constitution documented the need for a uniform set of laws to govern personal matters for all citizens, irrespective of their religious affiliations. However, they also respected the country’s diversity and provided for the protection of religious and cultural rights.

Article 44 of the Indian Constitution, a Command Principle of State Rule, states, “The State shall endeavor to safe for the citizens a Uniform Civil Code throughout the territory of India.” Directive Principles are guidelines for the government to frame laws and policies, but they are not legally enforceable.

Despite the inclusion of Article 44 in the Constitution, successive governments in India have not been able to implement a Uniform Civil Code. The issue has been a theme of intense debate and controversy, primarily due to religious sensitivities and concerns about infringing personal laws.

Several attempts have been made to introduce a Uniform Civil Code. 1951, the government appointed the first Law Commission to examine the issue, but its recommendations were not implemented. In the 1980s, the Supreme Court of India made observations regarding the need for a Uniform Civil Code, particularly in the Shah Bano case, which involved the maintenance rights of a divorced Muslim woman.

Why is a uniform civil code necessary in India?

After seeing all these cases again, a question arises: what is the status and need of UCC? A  Common Civil Code would put in place a customary set of laws to govern the personal matters of all peoples, irrespective of religion. This is perhaps the need of the hour. It is the cornerstone of true secularism.

What does the Civil Code mean?

A civil code is a systematization of private law connecting to contracts, property, family, and requirements. Commonly, a state that has a civil code has typically a code of civil procedure.

What are the personal laws in India?

In India, personal laws deal with marriage and divorce, maintenance, guardianship and succession, joint family and partition, etc. These are broadly characterize as ‘family laws.’ While India is a secular country otherwise, it is essentially pluralistic in the context of its laws.

What is the civil law in India?

Civil Law agrees with cases where wrong is done against a particular person. Criminal Law contains matters of offense against society at large. The most common civil crimes are Negligence and breach of contract, killing, rape, etc. The source of civil and criminal rules lies in the colonial period.

What will happen if UCC is implement in India?

It will help fetch every Indian, regardless of class, religion, or tribe, under one nationwide civil code of manner. This will help reduce the vote bank policy; a UCC will also help reduce the vote bank politics that most political parties indulge in.

Arguments against the Uniform Civil Code

Cultural and Religious Diversity:

India is a varied country with a rich wall-hanging of cultures and religions. Critics argue that imposing a UCC would undermine different communities’ cultural and religious identities. They believe personal laws are integral to religious practices and should be respect.

Threat to Minority Rights:

Opponents of a UCC argue that it could disproportionately affect minority communities. Personal laws provide certain protections and rights to religious minorities, and implementing a UCC might be seen as an attempt to homogenize and assimilate these communities into the majority culture.

Violation of Freedom of Religion:

The right to freedom of religion is enshrine in the Indian Constitution. Critics argue that imposing a UCC could infringe upon this fundamental right by compelling individuals to conform to a uniform set of laws that may not align with their religious beliefs and practices.

Lack of Consensus:

There is a lack of consensus among various religious communities on the issue of a UCC. Each community has traditions, customs, and religious laws they wish to preserve. Critics argue that implementing a UCC without the consent and agreement of all communities could lead to social unrest and division.

Gender Bias Concerns:

Critics argue that personal laws, particularly those about marriage, divorce, and inheritance, are often discriminatory against women. They contend that instead of imposing a UCC there should be efforts. To reform personal laws to ensure gender equality within each community.

Abstract

This chapter summarizes the four preceding chapters by discussing the main conflicts arising in India due to the lack of uniform .And also civil code provision implementation. Though the Constitution attempts to rectify the conflicts, it does not provide how to shape society better and bring social reform. Several reform options are raise, such as adapting codified laws, waiting for communities .To adapt their rules to a secular state, or leveling the principles of equality of sexes and freedom for individuals. This chapter concedes that it will take time for everyone to adhere to the new system. And also therefore proposes mediation as the guideline to alleviating fear of tyranny.