UNIFORM CIVIL CODE

INTRODUCTION 

1i2Uniform Civil Code means one country one law or rule; legally the term civil code means  to cover the entire body of laws governing rights relating to property and otherwise in  personal matters like marriage, divorce, maintenance, adoption and inheritance. Uniform civil  code essentially means unifying all these “personal laws” to have one set of secular laws  dealing with these aspects that will apply to all citizens of India irrespective of the  community they belong to. Such laws address four broad areas: Marriage, Divorce, and  Maintenance & Succession. If implemented in true spirit, then these three words are  sufficient enough to divide the country politically, religiously and socially. In India even after  69 years of independence people are still being dominated by the personal laws of their  respective communities. The framers of the constitution with a view to achieve uniformity of  law incorporated Article 44 that runs as follows: “The State shall endeavour to secure for all  citizens a uniform civil code throughout the territory of India.” Uniform Civil Code is a term  which has its roots from the concept of Civil Law Code. The purpose concealed in the  uniform civil code is to eliminate the contradictions based on religious ideologies and  promote the concept of national integration. All communities in the country would then be  judged on a similar platform in civil matters and would not be governed by diverse personal  laws.  

Article 37 of the Constitution provides that Directive Principles of State Policy (DPSP) are not enforceable by the Court of Law. But it does not reduce the importance of the directive principles. Just after Independence it was not feasible to impose a Uniform Civil Code on the  citizens as per the circumstances. So this was the reason that the code has been covered under  the directive principle of state policy. Also the preamble of Indian constitution is the mirror of  constitutional spirit. It emphasizes to constitute India as a Sovereign, Secular, Democratic,  Republic nation. It contains those elements which are the soul of the Constitution. It ensures  Justice, liberty, and equality to the citizens and thereby promote solidarity while assuring  dignity of the individual and unity and integrity of the nation. 

HISTORY OF UNIFORM CIVIL CODE: 

“The intention of persons seeking to attain the purpose of article 35 is to attain this reform in  essence.” Prior to this in the era of the ruling of the Congress Party itself, there was a promise  that in Muslim law, they can adhere to their own personal law; therefore, in place of that  guarantee alone, the inclusion of Uniform Civil Code in the article 44 of the Indian  Constitution is essential as “it shall be the binding responsibility of the State to achieve  Uniform Civil Code; otherwise, in reality, it would carry only persuasive power as the force  exerting in the realm of law.” 

“The objective of forming a Uniform Civil Code Nehru wanted to achieve through this  legislation and is going to be addressed,” Rahul Gandhi quoted Nehru as saying in the Indian  parliament in 1954.“I don’t think that the time is yet ripe for me to try to push through what I  have in mind now,” 

Thus, becoming a sensitive political legal issue by itself, therefore, this nobel compromise  was at the back of the minds of fathers of the Indian Constitution; therefore, they have  categorized an issue of this nature under article 44 of the Indian Constitution itself, as  Directive Principles of State Policy. In the year 1955, then Prime Minister of India had a  vision to codify “Personal Laws,” but he was stranded by the “orthodox sections” because of  their opposition to monogamy, divorce, and joint property both for sons as well as daughters  and widow. But Nehru was impressed very soon in 1955 itself; therefore, “The Hindu Code  Bill” was introduced by Nehru himself. The most significant aspect of the introduction of The  Hindu Code Bill was that Some of the criticisms levelled to the Code were in relation to  Muslims being left untouched and it’s here where Nehru’s thought of a secular state faced a  “certain extent of lacuna” as a “lessor version” of the Hindu Code was substituted only after a  prolonged battle in the parliament sessions in 1955 and 1956. 

Till February 2024, Goa is the only Indian state that boasts of having a Uniform Civil Code  (UCC) in place owing to its historical background as a Portuguese colony. This is because the  Portuguese Civil Code of 1867 is still in place ever since Goa merged with India in 1961, and  it deals with common issues like marriage, divorce, succession, and property irrespective of  the religion that people in Goa practice. One aspect of the Goa Civil Code that is considered  very attractive is its theory related to community property where husband and wife own common properties. Moreover, marriages in Goa must compulsorily be registered, making it  transparent. 

It is pertinent to note that the State of Uttarakhand has made a historical amendment by  passing the Uniform Civil Code (UCC) within its state. This marks the beginning of the  implementation of the UCC in the state as the bill was passed on the 7th of February, 2024,  and the state becomes the first ever independent state within the Indian boundaries to pass the  UCC bill. After the Presidential assent acquired in the month of March 2024, the possibilities  of it being rolled out on the 9th of November 2024 are likely. It includes uniformity on the  issues of marriage, divorce, cohabitation, succession, and registration of births and deaths. 

The initiative in Uttarakhand is based on Article 44 of the Constitution of India, which  mentions in the Directive Principles of State Policy that it is the intention of the State to apply  an equal civil code to all citizens. Although it is not directly judicially enforceable by the  courts, it is a vision in the Constitution which aims to work towards national integration on  the basis of an equal civil code. The UCC passed in Uttarakhand is an important step in this  direction. 

SECULARISAM, CONSTITUTION AND UNIFORM CODE 

One of the roots of controversy over UCC is secularism and religion under article 256 &  267 of Indian Constitution of India. 

 “Religion is the concern of individual belief,” J. Reddy stated that religion cannot be  interwoven with secular activities because these activities are subject to being controlled by  the State. 

 It is not an opponent of secularism nor will offend article 25 and 26. Article 44 is based on  the concept that there is no necessary connection between religion and personal law in a  civilized society.  

The conflict between secular and religious authorities over the issue of UCC eventually  decreased, until the Shah Bano case, where the then Chief Justice of India J. Y.V.  Chandrachud observed that ‘A common civil code will help the cause of national integration  by removing disparate loyalties to law which have conflicting ideologies’ The preamble of  the Constitution states that India is a “secular democratic republic”. A secular State does not  discriminate against anyone on the ground of religion; it is only concerned with the relation 

between man and man and not with the relation of man with God. In India, positive  secularism distinguishes spiritualism with individual faith. Positive secularism is a common  doctrine of secularism accepted by America and some European states i.e. there is a wall of separation between religion and State. The reason is that America and the European countries  went through the stages of renaissance, reformation and enlightenment and thus they can  enact a law stating that State shall not interfere with religion. Whereas India has not  experienced such stages and thus there is interference of State in the matters of religion so as  to remove the impediments in the governance of the State.  

The right to freedom of religion is guaranteed under Articles 25 and 26 of the Indian  Constitution.  

Article 25 provides every person the freedom of conscience and the right to profess practice  and propagate religion. It envisages power to the State to regulate or restrict any economic,  financial, political or other secular activity, which may be linked with religious practice and  

also to provide for social welfare and reforms. The protection of Articles 25 and 26 extends to  acts done in pursuance of religion and, therefore, contains a guarantee for ritual and  observations, ceremonies and modes of worship, which are the integral parts of religion.  Uniform Civil Code is not against secularism nor does it violate Article 25 and 26 of the  Constitution. It is just that the Article 44 is based on the concept that there is no obvious link  between religion and personal law in a civilized society. Marriage, succession etc. are matters  of a secular nature and, therefore they cannot be chained down by the laws. No religion  permits deliberate distortion. Implementation of Uniform Civil Code will not and shall not  result in interference of one’s religious beliefs relating, mainly to maintenance, succession  and inheritance. The debate for the UCC, with its diverse implications and concerning  secularism in the country, leads to one of the most controversial issues in 21st century. 

UNIFORM CIVIL CODE AND ROLE OF JUDICIARY:  

In the post-colonial India, the role of Judiciary in the implementation of Uniform Civil Code  is very appreciable. In fact, it is the judiciary, which through its interpretations paved the way  towards the Uniform Civil Code. For the very first time in the case of Mohd Ahmed Khan vs. 

Shah Bano Begum pertaining to the liability of a Muslim husband to maintain his divorced  wife beyond iddat period, who is not able to maintain herself, the Supreme Court held that  Section 125 CrPC which imposes such obligation on all the husbands is secular in character  and is applicable to all religions. In Ms. Jordan Deigndeh vs. S.S. Chopra, D Chinappa  Reddy, J. speaking for the court referred to the observations of Chandrachud, C.J. in Shah  Bano’s case and observed as under: “The present case is yet another event which focuses on  the immediate and compulsive need for a uniform civil code. The totally unsatisfactory state  of affairs consequent on the lack of uniform civil code is exposed by the facts of the present  case.” In the case of Mrs. Zohra Khatoon v. Mohd. Ibrahim, a substantial question of law was  raised and the High Court of Allahabad which cancelled the orders of the maintenance  allowance passed by the Magistrate on the grounds the when the divorced proceedings start  from the female side under the dissolution of Muslim Marriage Act, 1939, in those cases wife  cannot claim maintenance from her former husband neither under the Muslim law nor under  Sec. 125 of CrPC. Ultimately the Supreme Court overruled the decision of the High court on  the ground that it is based on the wrong interpretation of the Clause1(b) of the explanation to  Sec.125 under this clause the wife continues to be wife even though she has been divorced  her husband or has otherwise obtained divorce and has not remarried.  

Similarly in the case of Sarla Mudgal v. Union of India, J. Kuldip Singh also put emphasis on the need of uniform civil code and judgment delivered by him is again a step towards uniform  civil code. In this case, the Supreme Court held that conversion of a Hindu male to Islam only for the The intention behind executing such a contract of bigamy marriage falls within the  exclusion of Section 494 of the Indian Penal Code. Such marriages were classified as  “Bigamous” and “Void” by the Court. The Court after considering a number of citations in  this regard, in so many words asserted that till the “Uniform Civil Code” is introduced for all  Indian citizens, there would arise a temptation to a Hindu husband who intends to enter into a  second marriage during the existence of the first one, to become a Muslim. In this particular  case, the Court highlighted the injustice caused to the first wife who had been legally  married. A number of Judges of the High Courts and the Supreme Court at certain point of times in the past had contributed to a great deal in shaping the legal aspect of this particular  issue, as such being an important factor in shaping the aspect of “Uniform Civil Code.”

3In a number of landmark rulings in such issues, this important Judiciary highlighted the  “Constitutional Imperative” in relation to Article 44 of the Constitution, in addition to  “Equality” in relation to “Personal Laws.” In such rulings like Mohd. Ahmed Khan v. Shah  Bano Begum (1985) and Sarla Mudgal v. Union of India (1995), this important Judiciary  sorted out a “Uniform Code of Marriage, Divorce, Inheritance of Property” come what may,  irrespective of one’s “Religious Affiliation” or rather “Religious” considerations in any  manner whatsoever.  

In such rulings, this important Judiciary reiterated that in particular circumstances, there  exists a “Need of the Hour” to establish “Uniform Civil Code” in order to ensure “Justice” as well as “Equality” to all “Citizens” of India; in such a manner, in particular highlighting the  compatibility of “Personal Laws” with the “Nature of Secularism” in this particular aspect as embodied in the “Constitution.” 

An effectively implemented Uniform Civil Code would shape the course of future  deliberations on the subject of personal laws in this country. It would, however, demand a  very fine blending of concepts of both equality and secularity and a semblance of compliance  with the various feelings of its citizens. An effectively implemented Uniform Civil Code  would itself accentuate the facilitative components of uniformity of laws relating to civil matters in line with the concept of doing full justice to all of its citizens as mandated through  the constitution 

Reference(S):

Mohd Ahmed Khan v Shah Bano Begum, (1985) 2 SCC 556 (1985). 

Ms Jordan Diengdeh v S.S. Chopra, (1985) 4 SCC 632 (1985) 

Mrs Zohra Khatoon v Mohd Ibrahim, (1981) 2 SCC 509 (1981) 

Sarla Mudgal v Union of India, (1995) 3 SCC 635 (1995) (per Kuldip Singh J).

BOOKS  

1. SARFARAZ AHMED KHAN & AHMAR FAQAQ, UNIFORM CIVIL CODE: A  NEVER-ENDING DILEMMA IN INDIA (Thomson Reuters, 1st edn 2021).
2. A LAKSHMINATH, ASHOK P WADJE & PRAFULLA LELE, THE CONTOURS  OF PERSONAL LAW: RELIGIOUS PRACTICES, FAMILY LAW AND UNIFORM  CIVIL CODE (LexisNexis, 1st edn 2024). 
3. SHIMON SHETREET, UNIFORM CIVIL CODE FOR INDIA (Oxford University  Press, 1st edn 2012). 

LAW JOURNALS  

1. Janaki Nair, Towards a Uniform Civil Code—and Beyond, in WOMEN AND  COLONIAL LAW: A FEMINIST SOCIAL HISTORY 220 (Cambridge University  Press, 2nd edn 2025). 
2. Flavia Agnes, Uniform Civil Code and Gender Justice, 59 ECON. & POL. Wkly. 45,  47 (2024). 
3. Nandini Sundar, UCC and the Politics of Gender Equality, 60 ECON. & POL. Wkly.  32, 35 (2025). 

1https://lawtimesjournal.in/uniform-civil-code/ 

2 https://jcil.lsyndicate.com/wp-content/uploads/2016/11/Tanushree.pdf

3 http://jcil.lsyndicate.com/wp-content/uploads/2016/11/Tanushree.pdf