Uniform Civil Code “UCC”

A brief discussion has been provided below on the recent changes made on a Uniform Civil Code (UCC). The Uniform Civil Code (UCC) is one of the most debated and discussed legal reforms in India right from the sixties. The proposed UCC seeks to repeal all the various private laws as pertains to marriage, divorce, family and succession for different religions in India including Hindu law, Muslim law, Christian law and others.

Recent Developments:

1.      2023-2024 Push for Implementation: The discussion of UCC is a fresh topic that emerged in the year 2023 due to the insistence of the autonomous ruling Bharatiya Janata Party (BJP). Prime Minister Narendra Modi, for the first time, adopted UCC as special and significant election agenda stating how it would provide equality and unite the nation. The Law Commission of India also wanted to reopen this issue of public consultations and sought input from the people.

2.       State-Level Initiatives: A few states have started considering doing it completely at the state level for practising the UCC in the country. Uttarakhand has constituted a committee to prepare a Bill on UCC for the state itself. Other States ruled by BJP government including Gujarat and Uttar Pradesh have also expressed their intention for UCC in their respective areas suggesting the future trend of state government led UCC.

3.      Supreme Court Observations: Over the last five years, the apex court of India has persistently called upon the government to formalize the UCC most specifically, the aspects of marriage and divorce. The judiciary has also brought to the notice the distortion in personal laws and the requirement of implementing uniform laws.

Should the UCC be adopted?

It is important to examine the following query: should the UCC be implemented. At this point, it should be noted that there are pros and cons of adopting the act.

Arguments in Favor of Implementing UCC:

1.      Equality and Gender Justice: One of the strongest reasons for the adoption of the UCC is that it seeks to establish the cause of equity and justice for women. Present personal laws continue to hold prejudicial measure as far as women are concerned in areas of inheritance, divorce and maintenance. A UCC would guarantee that all people will be under equal laws regardless of religion and with no gender bias.

2.      National Unity: Its supporters have said the formation of UCC would enhance the integration of the country since it will bring together institutions of similar nature cutting across religions. community, the peoples of different communities, especially of different religion, will become united and similarly the laws will be the same throughout the country and therefore there will be less tensions between both the communities and within the state.

3.      Secularism: Secular India cannot afford to have one set of laws for one religious community and another set of laws for the other religious community. A UCC would assist in promulgation of a genuine secular law so that laws are not made based on religious principles.

4.      Simplicity and Efficiency: Several personal laws lead to complications and conflicting laws hence leading to problems and litigation. A UCC would de-clutter our legal system and make it less complicated to for the citizens and the judiciary to deal with problems under the area of family law.

Arguments Against Implementing UCC:

1.      Religious Freedom: People are against the UCC stating that the right to religion is a liberty that is enshrined in the India constitution. They say since the personal laws are grounded on religion and culture, the imposition of a common code will be perceived as violating the rights of religious minorities.

2.      Cultural Diversity: India is a culturally, religiously and thus a diverse country with more than one faith and one culture. Opponents claim that a ‘model solution’ simply does not address this pluralism. Critics feel that the UCC has the potential to Ethiopianize the law to mean the erosion of cultural anthropology practices as enshrined under the new UCC uniformity.

3.      Political Polarization: The UCC assurances has been described many times as a political gimmick with the intention to divide people on religious grounds. Hearing the rationale of pro-UCC factions, opponents insist that litigation for the victory of the UCC is not in equality or justice, but in votes. Taken without developing a consensus on its use it could further aggravate the rift within religious strata and trigger more societal upheave.

4.      Practical Challenges: The passing of the UCC would be legal and administrative complicated. Thus, there are a considerable number of subtypes and even very significant variations even within the so-called personal laws like the Hindu Personal Law which can be different for different Hindu castes as well as different Hindu sects. Coming up with laws whose enforcement is equal for all, but which also does not infringe on many communities’ sensibilities is something that can be very challenging.

Advantages of the proposal for a Uniform Civil Code

1.      Uniformity: A UCC will ensure equality of laws protecting the rights of every citizen of this nation regardless of his or her color, religion or origin.

2.      Gender Equality: The UCC would remove discriminations which are already imbedded in personal laws especially those that are hostile to women. This might extend the interactive asserted social power of women.

3.      Simplification of Laws: Were there standard set of laws being used the legal system means would not be so complex and less a strain to courts and further the process of seeking legal remedies would be more affordable to all.

4.      National Integration: A UCC could also eliminate fragmentation of laws, and the division that goes with it, that currently discriminates people based on their religious beliefs.

Why the Uniform Civil Code has to be adopted?

1.      Erosion of Religious Freedom: In as much as the UCC is kind of progressive, its adoption and implementation might erode on the rights of religious communities to practice their personal laws which in the broadest sense defines their religious and cultural practice. 

2.       Potential for Conflict: The pressures towards compelling a UCC without the broad and universal support can trigger social unrest or religious tensions that minorities may consider their beliefs are receiving no respect.

3.      Political Misuse: The UCC could be twisted into a political instrument which is used to divide society, mainly in today’s climate of high religious tension. The passing of what is referred to as the UCC may help perpetuate division between all communities if it is passed without input from several communities.

4.      Administrative Challenges: It is a challenging task to design an exclusive UCC in anticipation of the new, more equal and, representational UCC for India. The actual implementation of such a code may run into a number of legal and an administrative challenges.

Conclusion

The consideration of the issue of Uniform Civil Code show that there are two different types of argues: first one is based on equality and secularism, the second one – on the cultural and religious differences. As much as the UCC pursue setting out simple laws and fighting for gender justice the same has to be done carefully all in the view of implementing such laws. It is therefore important that all religious communities are on board in the consensus for a broad base so that the UCC does not bring division. For now, the political aspect has shown a lot of willingness to see the policy implemented, the major barrier being a lack of social and legal culture acceptance.  

Landmark case based on UCC

The Shah Bano case is one of the most pointer legal cases in India that brought the issue of personal laws and the Uniform Civil Code (UCC) into the national spotlight. The case involved a dispute over alimony and the rights of Muslim women under personal laws. It led to significant social and political repercussions, which continue to be discussed in the context of women’s rights, secularism, and the UCC.

Background of the Case: Shah Bano Begum, a 62-year-old Muslim woman and her husband Mohammad Ahmed Khan, Shah Bano's husband, who had divorced her after 40 years of marriage by giving her talaq (divorce) under Islamic law.

After the divorce, Khan initially paid Shah Bano a small amount of alimony, but eventually stopped, claiming that under Muslim personal law, his responsibility for maintenance ended after the three-month iddat period (the waiting period for a woman after divorce).

Shah Bano filed a petition under Section 125 of the Indian Code of Criminal Procedure (CrPC), which applies to all Indian citizens, irrespective of religion, for maintenance. This section allows for a wife, including a divorced wife, to claim maintenance if she is unable to support herself.

Supreme Court Judgement (1985)

In 1985, the Supreme Court of India delivered its judgement in favor of Shah Bano, granting her the right to alimony under Section 125 of the CrPC.

Key Points of the Judgment:

1. Maintenance Beyond Iddat Period:- The court ruled that Shah Bano was entitled to maintenance even after the iddat period, under Section 125 of the CrPC, which overrides personal laws. The court emphasized that Section 125 was meant to prevent destitution among women and children, and it applied universally, irrespective of religious beliefs.
2. Interpretation of Islamic Law:- The court observed that there was no conflict between Muslim personal law and the provisions of the CrPC, as Islam itself encourages men to provide for their divorced wives who cannot support themselves. The judgment referred to Quranic verses that, according to the court, mandated the maintenance of divorced women.
3. Secularism and Uniform Civil Code:- The judgment reignited the debate on the need for a Uniform Civil Code as enshrined in Article 44 of the Indian Constitution, which calls for the State to endeavor to secure a UCC for its citizens. The court, in its observations, expressed the need for the enactment of a UCC to reduce the conflicts arising out of personal laws and ensure gender justice.
4. Amount of Maintenance:- The Supreme Court directed that Mohammad Ahmed Khan pay Shah Bano ₹179.20 per month, which was an amount that had been fixed earlier by the lower court.

Controversy and Backlash

The verdict led to widespread protests from conservative Muslim groups, who argued that the judgment was an infringement on their religious personal laws and that Muslim women were already provided for under Mehr (a form of dowry given to the wife at the time of marriage) and maintenance during the iddat period as prescribed by the Sharia law.

Legislative Response: Muslim Women (Protection of Rights on Divorce) Act, 1986

Due to the political and religious pressures generated by the case, the Indian government, under Prime Minister Rajiv Gandhi, passed the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Key Provisions of the 1986 Act:

1. Superseding the Supreme Court Verdict:- The new Act essentially nullified the Shah Bano judgment by limiting a Muslim husband’s liability to provide maintenance to his ex-wife only during the iddat period, as prescribed by Islamic law. After the iddat period, the responsibility for the woman’s maintenance shifted to her relatives or the Waqf Board (a charitable Islamic institution).

2. Maintenance as per Personal Law:- The Act stipulated that divorced Muslim women would not be entitled to maintenance under Section 125 of the CrPC after the iddat period, effectively restoring the position of Muslim personal law in matters of maintenance.

3. Women's Rights Activism: - The Act faced criticism from women’s rights groups, who argued that it deprived Muslim women of the protections available to women of other religions under Section 125 of the CrPC and was a step back for gender justice.

Conclusion

The Shah Bano case remains a landmark in Indian legal history, symbolizing the tension between personal laws and constitutional principles like gender justice and equality. While the Supreme Court’s decision was aimed at ensuring justice for Shah Bano, the political and social backlash led to the enactment of laws that curtailed the judgment’s impact. Nonetheless, the case set the stage for future reforms in Muslim personal law and the ongoing debates around the Uniform Civil Code.