Authored By: Alisha Barnwal
M.S Ramaiah University of Applied Sciences.
ABSTRACT
The ‘Uttrakhand assembly creates history by implementing Uniform Civil Code (UCC) in year 2024’, and remarkable development in India’s Legal landscape which also became debatable nationwide about it’s federalism, implications for personal laws and gender justice. In this Article we will analyse UCC alignment with principle of constitution as well as its impact on different communities and border imputation for Indian Democracy. It also made the use of Constitutional directives , judicial precedent and comparison of legal framework as resource to evaluate necessity and challenges of Uniform Civil Code at state level and comparison between foreign countries with the concept of implementation of uniform code.
INTRODUCTION
“If in the same family there is one law for one member and another law for second member, will that household be able to function? Can one run the country with such dual system?”- Sri Narendra Modi , Prime minister of India.
India is a land of diverse culture, religion and legal pluralism in domain of personal laws across religious community. Here , comes UCC Uniform Civil Code(included in part 4, Article 44 of Indian Constitution)the state shall endeavour to secure for all the citizens a uniform Civil Code throughout the territory of India) with more systematic and codified way to reinforce secular principles to ensure all citizens of India must be treated equally under same civil law to promote national unity irrespective of personal laws rooted in religious customs. This cover matters of marriages, divorce, adoption, inheritance , contract law, family law, and etc.
Historical And Constitutional Context
The UCC was a topic of legal debate from colonial and post-colonial era, when the British government comes with a report for uniformity in codes of Indian laws in 1835. Even after the independence, the conflict on UCC continues and the Indian Constitution included Article 44 which directs state to strive Uniform Civil Code for all citizens. The Hindu. Code Bill,1950 passed to reform Hindu law but 1Shah Bano Begum case (1985) and2 Sarla Mudgal case (1995) again brought UCC implementation back into focus highlighting gender disparity and national integration. But till date, this remains continuous issue despite of legal reform and judicial precedent. A uniform civil code exists in the small State of Goa accepted by all communities. The Goa Civil Code collectively called Family Laws, was framed and enforced by the Portuguese colonial rulers through various legislations in the 19th and 20th centuries. In the Jose Paulo Coutinho v. Maria Luiza case, 2019 the court said Goa as a Shining star for implementing UCC to all citizens of Goa, regardless of religion except protecting certain limited right’s’ and pushed for pan-India implementation.
Overview:- Uttrakhand Uniform Civil Code(UCC) , 2024
Uttrakhand Chief minister Pushkar Singh Dhami said Uttrakhand assembly became first legislature in independent India to pass UCC bill applies uniformly for all communities except schedule tribe under Sixth Schedule of constitution of India. Key features of Uttrakhand UCC bill:-
- Common laws and equal rights on marriages, Extrajudicial divorce, Also • Rule of inheritance
- Ban on practices like polygamy and unilateral divorce(Triple Talaq Case:-3Shayra Bano v. UOI,2019), Halala.
- Gender neutral adoption and maintenance provision.
- Women equal Right on property.
- Registration of living-in relationships.
- UCC removes the concept of an ‘illegitimate’ child, that is a child born out of a void or voidable marriage. Now, any child born out of such wedlock will be treated in the same way as a child born out of a ‘valid’ marriage.
Comparative Analysis:
In Article 44 of DPSP Directive principle of state policy in Indian constitution the concept of uniform Civil Code place a role to bridge the gap between religious diversity and legal harmonization. While Article 25: talks about religious freedom subject to public order morality and so the UCC alignment with Article 44 should be balanced properly against the rights under Article 25 but it’s not absolute it can be restricted by laws relating to public order , morality, health and other’s also Article 29(1): This provides any section of the citizens residing in India having a distinct culture, language, or script, the right to conserve their culture, language and script. So, gender equality in terms of adoption, maintenance or practices like polygamy or unilateral divorce are not related to morality or public order as UCC is not interfering in the religious beliefs , custom or rituals that the citizens of this country follows as per their beliefs rather it’s just took over those civil matters which need to be reform irrespective of religion and gender disparity. In my opinion as far I understand concept of implementing Uniform code is to deal with those civil matters which creates inequality and harm to morals and ethics in society not to violates right to conserve customs or culture of the citizens. Countries like China Have China Civil Code successfully implemented unified legal framework across multi ethnic and religious society and code addresses aspect like marriages family property and torts reflecting unique social culture dynamics of China.
The personal laws falls under concurrent list state have authority to legislate a state specific UCC may result in fragmented civil law system undermining objective of national uniformity. USA the 4United States has legal system based on common law comprises both federal and state laws as there’s no national UCC but areas like divorce, marriages falls under state jurisdiction but this diversity across State signify the autonomy within unified legal system. Other countries like Turkey, European nations like France and Egypt also introduces uniform civil code in 19th and 20th century that governs civil related matters. But , in India as Uttrakhand assembly became first state to pass UCC bill also remained under attacks and anxiety.
Barriers include:- judicial training updating legal infrastructure and conduct clinical legal education or awareness programmes to prevent misinformation and ensure compliance that each and ever citizen should be aware of those changes and benefits. Lack of political will and consensus also require robust mechanism of enforcement and awareness.
5Persuasive reasons behind this step taken by Uttrakhand :- Challenges of managing religion diversity in personal matter and implementing UCC will be a vital step towards legal unity which will also reduce legal fragmentation by unifying personal laws.
Promoting Secularism And adoption of this common law align goals of minimizing religious influence in personal civil matters fostering more unified and secular values by ensuring religion beliefs does not oppress civil law and also empowers women by eliminating gender discrimination.
The step of Uttrakhand not only positions itself as progressive reformer but also becomes a role model and sets precedent for other states in modernizing legal system reflecting broader national agenda.
Reduction of social Polarization with unified laws as Uttrakhand was facing growing issue of interfaith marriages, inheritance dispute and property rights and UCC promote social cohesion that all citizens treated equally regardless of their background and enhance social harmony and also respond to public demands for fair , simpler legal reforms.
One and foremost positive aspect of this bill respect of religious and cultural diversity which allows marriages to be solemnized according to various customs and rights and ensure to individual uphold their traditions while following principles of UCC.
Uniform Civil Code:- Needed or not?
India is a diverse country with different communities & religion governed by different personal laws even within a religion there is not a single common law governing all its citizens laws differs place to place for registration of marriage where it clearly shows prasnan law violates the principle of equality. It also separates religion from social relations and personal laws promote national integration by removing desperate loyalties to religious law which also lead to conflicting ideologies. promoting gender justice as under Hindu law the mitakshara school of law denies Hindu daughter a right by birth in joint family and consider her place in paternal family was temporary on the other side Islamic laws generally say Man’s share of inheritance is double than a women in same degree of relationship to the deceased and also in Muslim law father is the soul guardian of a person and property of his minor child. By implementing UCC complexity Can be removed and it simplify legal system and reduces the burden or re-litigating with same issues in different ways (Danial Latifi and ors. vs. Union of India (1973). It would make law more accessible and understandable for the ordinary people and would modernise and reform the regressive practices followed in some personal laws also eliminate practices against human rights and values like triple talaq, polygamy , child marriages and most important changing social realities and aspirations as per the modern society and development pink country to enhance India’s international image s progressive and inclusive democracy. Upholds true secularism that all individuals are subject to same legal standards regardless of religious affiliation as personal laws are outdated and for natural evolution with changing societal norms and values to uphold human rights and promote justice the uniform Civil Code is one of the effective step towards development and it will also enhance judicial legal system with more codifying n unifying laws reducing confusions NB more understandable and Efficient administration of justice by judiciary.
Some of the loopholes: While implementing uniform Civil Code, it mainly reflect potential on religious freedom which also risks the legal inconsistency across the states. Inequitable parental roles as UCC is silent on such matters, current law will prevail regarding guardianship under secular guardian and ward act of 1890. Legal lacuna, if men and men share accommodation as roommates, are they required to demonstrate that they are in a relationship? Dispite of all this
having uniform law will help in further and up coming challenge as this is the way of promoting equality irrespective of religion, as UCC don’t restricts religious freedom the only thing it’s cover’s the loopholes we have in personal laws based on different communities as every law has some of the disparity and to deal with that disparities the uniform civil code is needed.
“India is probably the only country in the world in which the attempt to introduce a uniform Civil Code criticised as communal. Uniform Civil Code is the hallmark of democracy and used to reduce social division, why should India as the world’s largest democracy not have one?”- Dr. David Frawley.
CONCLUSION
Uttarakhands implementation of UCC is landmark moment but complex initiative in Indian legal history also revives long debated vision of constitution framers Highlighting complexity in diverse and pluralistic society this was the reason UCC inserted in DPSP not in fundamental rights. Initiative taken by Uttarakhand assembly became role model for other states to deal with gender disparity and legal uniformity as State put forward its unbiased law of secularism rather than following the footsteps of religious norms . There were so many risk barriers as India is land of different cultures religions and communities social tension major concern if not implemented judiciously but if UCC successfully strike it will be a balance between progressive reform and respect for Indian constitutional ethos of pluralism and federalism and will be consider remarkable success for the country. As Indian preamble enshrined concept of Secularism and the step Uttrakhand assembly took towards uniformity reflects that the law does not get influenced by religious belief , it upholds its own secular character of state above all and now it’s time for whole country to think of new India requires modernization in personal law, by replacing it with UCC.
REFRENCE:-
i Goa civil code,1867
Press information Bureau, Government of Uttrakhand (2024)
Constitution of India,1950
https://www.drishtiias.com/daily-updates/daily-news-editorials/analysing-uttarakhand-s-ucc-bill https://www.thehindu.com/news/national/uttarakhand-assembly-passed-the-uniform-civil-code bill/article67821740.ece
1 Mohd. Ahmed Khan v. Shah Bano Begum ,AIR 1985 SC 945
2 Sarla Mudgal & ors. V. Union of India, AIR 1995 SCC 635
3 Supremetoday.ai/doc/judgement/00100063999
4 https://legalonus.com/uniform-civil-code-in-india-and-comparison-with-other-countries/?amp=1
5 Choudhary Laxmi Narayan and Mridula narayan , Volume 6, Issue 3, Uniform Civil Code, Uttrakhand,2024,- uniformizing marriage laws and legalizing Live-in Relationships.
