Uniform civil code, as the name indicates, is based on the principle of uniformity. Part 4, Article 44 of the Indian Constitution states, ‘The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India’ under the Uniform Civil Code. It is an attempt to achieve uniformity in the personal laws.
Apparently, the fundamental principle of the Uniform Civil Code may appear very soothing to the ears of many. But, a considerable portion of the Indian population thinks otherwise. Various controversial views exist regarding its effectiveness and practical utility. So, it is essential to have an in-depth knowledge of the Uniform Civil Code of India.
Let us learn about the Uniform Civil Code in detail so that we are able to understand it properly.
What’s in the personal law
While there is uniformity across the country regarding public laws, personal laws of different communities are governed by the codes and conduct mentioned in their respective scriptures.
- These personal laws apply to areas like marriage, divorce, maintenance, adoption and inheritance.
What churns the debate
- The major catalyst that churned the debate regarding the Uniform Civil Code is that Article 25-28 of the Indian Constitution grants religious freedom to all communities and indicates that different religious groups and communities can maintain their respective personal laws.
- Contrarily, article 44 states that there should be uniformity in the directive principles, personal laws and national policies that the Indian government formulates for the Indian citizens.
The completely contradictory core principles of the two articles churned debates regarding the application of the Uniform Civil Code across the country among various communities.
Incident to ponder upon
The Shah Banu case of 1985 was the most important incident which generated debate on the practical utility of personal laws in safeguarding the interests of Indian citizens.
Banu, who was a 73 years old Muslim woman, was divorced by her husband Muhammad Ahmad Khan through the triple Talaaq of the Muslim personal law after 40 years of her marriage to him.
She was denied maintenance as the Muslim Personal Law does not have any system of providing maintenance to the divorced spouse.
Banu challenged the decision of Islamic Law and appealed to the high court citing it as an example of discrimination against women’s rights in Muslim Personal Law.
Banu won the case under Section 125 of the All India Criminal Code which has the provision of maintenance of wives, children and parents to all the citizens of India irrespective of religion.
Who never favoured Uniform Civil Code
The British were always in favour of personal laws because they did not want to interfere with the personal interests and intrude in the domestic sphere of the Muslims and Hindus to preserve their diplomatic interests in India. So, the idea of the Uniform Civil Code did not exist during the time of British ruled India.
Who favours the Uniform Civil Code
The Congress government under Rajiv Gandhi (1984 to 1989) first opposed the Muslim Personal Law by endorsing the decision of the Supreme Court in the Shah Banu case.
The ruling party BJP opposes the idea that there should not be any uniformity in personal law for all citizens of India. They were in strong support of the Uniform Civil Code and promised that this would be implemented if BJP was elected to power.
The Sangh Parivar also favoured the implementation of the Uniform Civil Code across the country where uniform personal law will be there for all the citizens of India irrespective of differences in them based on gender, caste, creed, religion and community based differences.
Why India is indecisive if the Uniform Civil Code is a boon or curse
- India is a secular country where people of every religion and community are free to follow their own personal codes of conduct, policies and laws. People who oppose the Uniform Civil Code claim that this law challenges the secular nature of India.
- It is a very sensitive issue because it challenges many cultural and religious beliefs and customs of Indian society in an attempt to bind together all the citizens of India under a common framework of personal law.
- The Uniform Civil Code is seen as a threat to the individual and cultural identity of the communities of people who oppose it.
- The supporters understand that the successful implementation of the Uniform Civil Code will integrate the people of Pan India, thereby promoting the idea of Unity in Diversity.
- Many outdated, regressive and impractical laws that have been culturally and religiously biased, and gendered have severely affected the interests of a major sliver of the Indian population. These will cease to exist at all after the Uniform Civil Law is practised full fledged.
- The proponents of the Uniform Civil Code are of the strong opinion that in the era of all round advancement, full fledged application of this law will transform India into a forward thinking country.
There has always been debate about the effectiveness of Uniform Civil Code and the challenges that it will bring when it is implemented. This was an earnest attempt to introduce a brief on the Uniform Civil Law, its pros and cons to make the decision making process easier for the public.
Written by
Ms. Apara Bhattacharya
Copy Edited by
Ms. Shail Raghuvanshi