Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Context: President Droupadi Murmu praised Uttarakhand Assembly for implementing Uniform Civil Code per Constitutional directive at silver jubilee session marking state’s 25th formation anniversary.
More in News:
- UCC came into effect in January, imposing complete ban on triple talaq practices, aimed at giving women equal rights in property and inheritance matters.
- The President stated Legislative Assemblies are key pillar of India’s parliamentary system; MLAs are most important link between public and government in democracy.
- Ms. Murmu emphasized if MLA remains engaged in solving public problems and works for people’s welfare, then bond of trust between public-representatives remains unbreakable.
About Uniform Civil Code (UCC)
- Seeks to create common civil law applying to all citizens equally unlike current system with religious personal laws.
- Viewed as step towards secular, equitable society aligning with ideals enshrined in Indian Constitution comprehensively.
- Article 44 envisions UCC under Directive Principles of State Policy (DPSP); not enforceable by law but aspirational.
Present Civil Law Status
- Hindu Personal Laws
- Codified in four Acts: Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Minority and Guardianship Act 1956, Hindu Adoptions and Maintenance Act 1956.
- Term ‘Hindu’ includes Sikhs, Jains, Buddhists for these laws ensuring broader application.
- Muslim Personal Law
- Not codified but based on religious texts; recognized in Muslim Personal Law (Shariat) Application Act 1937, Dissolution of Muslim Marriages Act 1939.
- Christian Personal Laws
- Christian marriages and divorces governed by Indian Christian Marriages Act 1872 for community.
- Special Marriage Law
- Special Marriage Act 1954 disregards religion; inter-religion marriages take place under this secular law.
- Guardians and Wards Act 1890 establishes rights and duties of guardians for minors.
- Exceptions
- Article 371: Constitution makes exceptions for Assam, Nagaland, Mizoram to protect distinct regional identities.
Arguments in Favour
- Constitutional Mandate
- Article 44 states State shall “secure for Citizens a Uniform Civil Code” throughout India mandating implementation.
- Advocates argue creating UCC is required by Constitution and will guarantee equality before law universally.
- Promotes Equality
- Treats all citizens equally by removing gender-biased, discriminatory provisions from personal laws benefiting women.
- Strengthens national integration by creating shared identity removing religious divisions in personal law significantly.
- Reflects Secular Ideals
- Enforcing common civil code aligns with secular vision of Indian Constitution advocating separation of religion and state affairs.
- Simplifies legal system by reducing burden on courts to interpret different laws for different communities.
- Reform of Laws
- Current personal laws rooted in patriarchal religious views and thus proponents advocate UCC for women’s empowerment and equality.
Arguments Against
- Violation of Religious Freedom
- Could erode cultural and religious identities of minority communities infringing right to follow religious practices.
- Article 25 grants each religious group freedom to conduct religious affairs; Article 29 permits maintaining unique cultural traditions.
- Threat to Cultural Diversity
- India’s unique social and cultural diversity means different communities have distinct customs and traditions requiring respect.
- Single code may overlook differences leading to social unrest among diverse communities nationwide.
- Political and Legal Challenges
- Push for UCC contentious political issue; concerns it may marginalise minority communities, create communal tensions during elections.
- Implementing UCC faces substantial legal challenges as personal laws in concurrent list making it potential center-state conflict subject.
Related Supreme Court (SC) Judgments
- Shah Bano Case (1985)
- Involved Muslim woman’s right to receive maintenance from husband after divorce under Section 125 CrPC.
- SC ruled in her favour highlighting need for UCC to ensure gender equality triggering national debate.
- Sarla Mudgal (1995)
- Involved Hindu man converting to Islam to practice polygamy; SC emphasized need for UCC to prevent misuse of personal laws.
- John Vallamattom (2003)
- SC struck down discriminatory provisions within personal laws; reiterated need for UCC to ensure equal rights irrespective of religion.
- Shayara Bano (2017)
- SC declared instant triple talaq unconstitutional marking significant step toward promoting gender equality for Muslim women.
Way Forward
- Gradual Reform
- Gradual reforms within existing personal laws more effective than abrupt shift; amending discriminatory provisions would reduce resistance.
- Broad Consultation
- Consultation with all communities required to ensure inclusivity and address concerns related to cultural identity comprehensively.
- Focus on Gender Justice
- Prioritize ensuring equal rights for all, particularly women; legal reforms enhancing women’s rights can serve as precursor to UCC.
- State-Level Initiatives
- Allow states to implement UCC at local level gauging effectiveness and acceptability; Goa, Uttarakhand models can serve as reference.
- Legal Literacy
- Promote awareness of constitutional rights and gender justice; informed society likely to understand and accept changes toward unified legal system.
Q- “Uniform Civil Code is not merely a legal reform but a step towards social justice.” Discuss. (10 Marks, 150 Words)