Uniform Civil Code : Will It Ever See Light Of The Day ?

Article 44 of the Constitution directs the State to secure for the citizens  Uniform Civil Code throughout the territory of India. But even after so many years, Uniform Civil Code has not been enacted in India. Only in State of Goa Civil Code is in existence.

The Supreme Court has in many cases observed for desirability of Uniform Civil Code. The Supreme Court in Mohammad Ahmed Khan Vs. Shah Bano Begum ( 1985 (2) SCC 556) had observed that a common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.

The Supreme Court again  in Sarla Mudgal Vs. Union of India (AIR 1995 SC 1531)  requested the Government of India have a fresh look at Article 44  of the Constitution of India and endeavour to secure for the citizens a uniform civil code throughout  the territory of India

Challenges In Enacting Uniform Civil Code

There are various challenges in enactment of the Uniform Civil Code.

The biggest challenge in enactment of Uniform Civil Code is existence of different personal laws among different religious groups and denominations in respect of Marriage and Divorce, Custody and Guardianship, Adoption and Maintenance, Succession and Inheritance.

The Hindu was codified after independence amid certain resistance. Hindu Marriage Act, 1955 governs marriage and divorce. Hindu Succession Act, 1956 deals with inheritance. Muslim follow their own Personal Laws. The Muslim Personal Laws (Shariat) Application Act, 1937 regulates matters related to marriage, divorce, inheritance and maintenance among Muslims. For Christians, Parsis and Jews the Indian Succession Act, 1925 applies.

It is difficult to find common ground among different religious groups and denominations. Many religious groups regard Uniform Civil Code as infringement of their right to religious freedom. If Uniform Civil Code is implemented without proper consultation there is possibility of communal tensions in the society.

There is also lack of political will for Uniform Civil Code. Many Political parties are afraid of losing their support base if UCC is implemented.

Enactment of Uniform Civil Code will require gigantic efforts in drafting and consultation with various stakeholders.

Right to Religion and Uniform Civil Code

Indian Constitution grants every citizen fundamental right to profess and propagate one’s religion under Article 25.  But at the same time Indian Constitution grants State power to regulate secular aspects of religion. As such there is no contradiction between Uniform Civil Code and Fundamental Right to religion although in many religions religious and secular aspects are intermingled and difficult to separate.

Benefits of Uniform Civil Code

There are various benefits of Uniform Civil Code.

The most important benefit is that it will encourage gender justice. Many personal laws and customs  do not grant equal rights to women. If Uniform Civil Code is enacted women will be able to enjoy equal rights.

Uniform Civil Code will also encourage National Integration and Secularism.

Legal system will be simplified and modernized.

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