One Nation, One Law - A Critical Study of the Uniform Civil Code

 One Nation, One Law - A Critical Study of the Uniform Civil Code

INTRODUCTION

India is a diverse, secular and pluralistic country which embraces a variety of religions, traditions and cultures. This diversity is reflected in the legal system, which recognizes distinct personal laws for communities pertaining to marriage, divorce, inheritance, adoption, property etc. to manage their affairs. This separate system of personal laws raises challenges related to equality, justice and gender discrimination. The concept of Uniform Civil Code in India has been a topic of fervent debate, relating to issues of law, religion, culture and societal harmony. The concept of UCC is enshrined in Article 44 of Directive Principles of State Policy in Indian Constitution. It is envisioned as a common set of personal laws such as marriage, divorce, inheritance, adoption and property for all citizens irrespective of their religion, culture or tradition. The Uniform Civil Code aims to replace the existing pluralistic personal laws. The implementation of UCC in India has been a long-standing debate continuing for decades due to India’s diverse socio-cultural arrangement. This blog delves into the historical context and social and legal implications of UCC in India, exploring its potential benefits, challenges in implementation and the impact on Indian society.

UNDERSTANDING UNIFORM CIVIL CODE

In order to understand the meaning of Uniform Civil Code, we first have to understand the meaning of Uniform and civil code.

Civil Code refers to the systematic body of laws which are codified and governs private relations including property, family matters and obligations. It is a collection of legal rules that define civil rights and duties and the remedies available when these rights are violated.

Uniform means the same in all circumstances or at all times.

Therefore, Uniform Civil Code refers to the systematic collection of personal laws such as marriage, divorce, property, inheritance and adoption that are common for all citizens irrespective of their religion.

The concept of Uniform Civil Code is enshrined in Article 44 of the Indian Constitution as a directive principle of state policy.

In India, every religion is governed by its own personal laws. Uniform Civil Code aims to implement a uniform personal law for its citizens irrespective of their religion. It means that all the separate personal laws such as Hindu marriage act, Parsi marriage act, Sharia law etc. should be replaced with a common law that will be applicable on all the citizens.

HISTORICAL BACKGROUND OF UNIFORM CIVIL CODE

The uniform civil code has a long-standing history in India, marked by serious debates and discussions, deeply rooted in the country’s colonial past, constitutional development and post-independence legal development.

• COLONIAL AND PRE-INDEPENDENCE ERA

During colonial rule, the Britishers tried to bring uniformity in laws, but were not able to do the required. At that time India was governed by different sets of personal laws based on religion, tradition, custom and ethnicity. The Britishers bought uniformity by codifying certain laws related to crime, property, contract through Indian Penal Code, Indian Contract Act, Indian Succession Act etc. However, the civil matters such as marriage, divorce, adoption etc. were left untouched and were governed by personal laws of respective religious communities. Britishers did not interfere in the personal laws of different communities to avoid opposition from religious leaders and communities. This led to the fragmented legal system.

• INDEPENDENCE MOVEMENT 

The concept of UCC was discussed in the 19th century also. Social reformers like Raja Ram Mohan Roy and Ishwar Chand Vidyasagar also demanded for the codification of Uniform law in personal matters to abolish the discriminatory practices of Sati and child marriage. But reforms were largely related to Hindu community only.

• CONSTITUENT ASSEMBLY DEBATES

The idea of UCC was highly debated during the framing of Indian Constitution. Leaders like Jawahar Lal Nehru and Dr. BR Ambedkar, supported the idea of UCC to make society secular and egalitarian. However, it was opposed by several members such as Mohammad Ismail, Mahboob Ali Baig on the grounds that it would infringe upon religious freedom and minority rights. 

Hence, after contentious debate the Uniform Civil Code was included in Article 44 of Indian Constitution as Directive Principle of State Policy. Ambedkar clarified that UCC would not be imposed compulsorily but will remain optional for the states to follow it or not unless adopted by Parliament.

Therefore, UCC was not made justiciable, but rather a non binding goal for the state.

• POST INDEPENDENCE ERA

Post independence, Indian introduced Hindu Code Bills, 1950, which codified the personal laws for Hindus, Buddhists, Sikhs and Jains addressing issues like monogamy, divorce and inheritance rights of women. 

However, Muslims, Christians, Parsis and Jews were exempted and their personal law remained uncodified, which led to a fragmented legal system.

The apex court has time and again called the government to implement UCC in various landmark judgements like Shah Bano Case, where the Supreme Court’s ruling in favour of maintenance for a divorced Muslim woman sparked a nationwide debate in gender justice and need for uniform laws.

CONSTITUTIONAL AND LEGAL FRAMEWORK 

The provision of Uniform Civil Code is mentioned in Article 44 of Indian Constitution, which states that, “The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”.

Article 14(right to equality) and Article 15(prohibition of discrimination) provide a constitutional basis for advocating UCC, as personal laws often support inequalities, particularly against women. Hence, it is essential for achieving equality and protection against discrimination.

Article 25 and Article 26 grants religious freedom to practice, profess and propagate their own religion and freedom to manage their own religious affairs respectively. On the other hand, Article 44 talks about UCC. This often creates conflict between and is a major constitutional challenge to balance the two.

JUDICIAL PRONOUNCEMENTS

Various judgements have been passed by the courts time and again regarding the implementation of UCC. The courts have been instrumental in shaping the UCC. Some of the judgements are as follows:

Mohd. Ahmed Khan v. Shah Bano Begum

In this landmark judgement, the Supreme Court held that the Muslim woman is entitled to claim maintenance from husband under Sec 125 of CrPC beyond the iddat period. 

Justice Chandrachud emphasised the need for a Uniform Civil Code to promote national integration by removing disparities based on conflicting religious ideologies.

Sarla Mudgil v. Union of India

This case dealt with Hindu man converting to Islam to conduct a second marriage without divorcing the first wife. In this case, the apex court held that a Hindu man cannot enter into a second marriage without dissolving the first marriage even after conversion to Islam, it is abuse of religious freedom and is punishable. 

The court emphasised that there is need for UCC to ensure gender justice and equality.

John Vallamattom v. Union of India

In this case the apex court held that, “It is a matter of great regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country. A common civil code will help the cause of national integration by removing the contradictions based on ideologies”.

Shayara Bano v. Union of India

In this case, the Supreme Court declared triple talaq unconstitutional, holding that it violated the fundamental rights of Muslim women, reinforcing the need for gender-just reforms in personal laws. The verdict underscored the urgency of enacting a UCC to address gender discrimination and ensure uniform laws governing marriage and divorce.

These judgements of the court highlight the judiciary’s approach for uniformity in personal laws to uphold constitutional principles of equality and justice.

STATUS OF UCC IN INDIA

For now, India does not have an official Uniform Civil Code implemented at national level. Different personal laws govern the matters of different communities, religions etc.

However, over the years national and state governments have enacted certain measures to ensure UCC. They are as follows.

• SPECIAL MARRIAGE ACT

The SMA provides a secular framework for marriage, allowing individuals of different religions or even the same religion to marry outside the purview of their personal laws. This is why the Special Marriage Act is seen as a step towards the Uniform Civil Code 

• GOA

Goa follows a common civil code based on the Portuguese civil code. After annexation with India in 1961, the Parliament implemented the system similar to the Portuguese Civil Code in Goa known as Goa civil Code or Goa Family Code, which is applicable to all residents of Goa irrespective of their religion or communities. There are some exceptions also.

• UTTARAKHAND 

In 2023, Uttarakhand became the first state in India to implement Uniform Civil Code.

LAW COMMISSION’S REPORT ON UNIFORM CIVIL CODE

The law commission of India has published few reports on the Uniform Civil Code and its implications on the society.

• 21st Law Commission 

This report states that “UCC is neither necessary nor desirable at this stage”. 

Instead, it recommended reforms in personal laws to ensure equality and justice in the community.

• 22nd Law Commission 

This commission is still examining the issue and has asked for public opinions and feedback on Uniform Civil Code.

ARGUMENTS IN FAVOUR OF UCC

• Promotes Equality and justice – Different personal laws governing different communities often leads to inequality and improper administration of justice. A UCC will ensure common laws for all citizens which will promote equal legal status and rights to all citizens.

• National Integration – A uniform civil code can reduce communal divisions and will promote a feeling of national belongingness and can reinforce the idea of one nation which will promote national unity and integrity.

• Secularism – A UCC aligns with secular character the Indian State where the law is same for all citizens irrespective of their diversity. Thus, it will help in promoting a secular state.

• Gender equality – Most of the personal laws often treat women unequally and the laws are discriminatory against women. A UCC can ensure equal treatment and opportunities for women.

• Simplifying laws – Several personal laws often lead to confusion and complexity, resulting in conflicting decisions.  A same set of laws for all will simplify the legal system and will create a more understanding system.

• Modernization and social progress – Many personal laws are still based on old and orthodox customs which do not align with the contemporary society that inculcated values like equality and individual freedom. Hence, a UCC would reflect modern societal norms, promoting inclusivity.

CHALLENGES AND CRITICISMS OF UCC

• Threat to religious freedom- Article 25 of Indian constitution grants us religious freedom to practice, propagate and profess our religion. Opponents argue that implementation of UCC will infringe upon the religious freedom of communities, particularly minorities.

• Threat to cultural diversity- India is a culturally diverse nation, housing diverse communities which exercises unique cultural practices, traditions, customs etc. Implementation of uniform laws for all citizens would lead to ignorance of these cultural practices which can lead to social unrest.

• Problems in implementation- The drafting and implementation of UCC is a very tough task due to the cultural diversity.

• Lack of consensus- There is no consensus among the stakeholders regarding the implementation of UCC. Imposing UCC without stakeholder participation can lead to unrest.

• Political motive- UCC has often been politicised and used to polarize voters instead of pursuing reform.

• Majoritarianism- The opponents argue that there is a chance that the UCC would reflect the views and beliefs of the majority community only and will undermine the values and beliefs of the minority.

WAY FORWARD

To address the problems in implementation of UCC, the following steps can be considered:

• Gradual implementation- The implementation should be done gradually to build trust among the people.

• Consultation and discussion- All the stakeholders such as religious leaders, politicians, civil society members, community representatives, jurists and Women should be included in consultation.

• Public Awareness- Citizens should be educated about the benefits of implementing UCC in the country. 

• Reforms in personal laws- Initially personal laws should be reformed to address discriminatory practices along with preserving cultural identities.

CONCLUSION

The Uniform Civil Code is a constitutional promise aimed at fostering equality, secularism, and national integration. While its legal necessity—particularly in ensuring gender justice and legal uniformity—is strong, its social implications cannot be ignored. The idea of “One Nation, One Law” through the Uniform Civil Code reflects a desire for legal uniformity, gender equality, and national integration. The UCC must not become a majoritarian tool but rather a progressive framework that protects rights, respects diversity, and promotes justice for all. The road to a Uniform Civil Code is neither short nor easy, but with careful deliberation, judicial guidance, and inclusive policy making, it can serve as a transformative step toward a just and egalitarian India.  A phased and inclusive approach rooted in democratic dialogue is the way forward.

Closing Credit 

Author -  Vishakha Saraswat

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"