The Uniform Civil Code, commonly known as UCC, is currently a topic of discussion as the 22nd Law Commission has sought input from religious leaders, social groups, and other stakeholders on the matter. In simple terms, the UCC entails a uniform set of laws that would be applicable to all citizens, regardless of their religious background. It pertains to personal matters such as marriage, divorce, inheritance, adoption, and succession.
The provisions of the Uniform Civil Code are included in the Directive Principles of State Policy, and Article 44 of our Constitution states that “The state shall endeavour to secure the citizens a Uniform Civil Code throughout the territory of India”. The Uniform Civil Code calls for the formulation of one civil law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption. This issue has been at the centre of political narratives and discussions since independence. In India, civil laws are influenced by faith, religious texts of particular religions, customs, and the scriptures of every religion.
The uniform civil code drew attention in 1985 during the famous Shah Bano case. The Supreme Court held that Bano, a Muslim woman, should receive alimony from her ex-spouse, and the court observed that Parliament must initiate legislation to bring about a Uniform Civil Code as it is an instrument that facilitates national harmony and equality before the law.
Also, there are various religious laws among different religions that lead to discrimination against women. For example, Christian women are not recognised as the natural guardians of their own children under Christian law, even though unmarried Hindu women are the natural guardians of their children. In 2020, the Supreme Court interpreted the Hindu Succession Act to ensure gender equality, granting women the right to inherit property and have equal coparcenary rights in ancestral property as long as the women in question were alive at the time of or after the 2005 amendment to the Hindu Succession Act.
Similarly, Sikh marriage laws are covered under the Anand Marriage Act of 1909, but they lack provisions for divorce, resulting in Sikh divorce cases being governed by the Hindu Marriage Act. Adoption laws also vary across different religions, with Parsis not recognising an adoptive daughter’s rights, while an adoptive son only has the right to perform the last rites of the father but has no other rights of inheritance or maintenance under Zoroastrian practise. Even issues of guardianship for minors are governed by various personal laws. In a diverse country like India, certain tribes in Meghalaya follow a matriarchal system, where they have a female line of descent and property is inherited by the youngest daughter. Among the Garo tribes, the son-in-law comes to live with his wife’s parents. Among certain Naga tribes, women are not allowed to inherit property or marry outside of the tribe. Even after the prohibition of the Child Marriage Act and the criminal provisions regarding the age of consent and rape under the IPC and POSCO Acts, Hindu law recognises the marriage between a sixteen-year-old girl and an eighteen-year-old boy as valid but voidable. Similarly, Muslim Law in India recognises the marriage of a minor who has attained puberty as valid.
In India, criminal laws are uniform and applied without distinction based on religious beliefs. However, when it comes to civil laws, they are influenced by religious considerations. The personal laws governing civil cases have traditionally been implemented in accordance with constitutional principles, taking into account religious texts and customs.
It might be unknown to many that only one state in India, that’s is Goa, has implemented a Uniform Civil Code (UCC). However, it is important to note that the Goa Civil Code was introduced by the Portuguese in 1867, prior to India’s independence. In 2021, former Chief Justice Bobde praised the Goa Civil Code, highlighting that it aligns with the vision of the constitutional framers for a Uniform Civil Code in India. He noted that the code applies to marriage and succession, governing all residents of Goa regardless of their religious background. The UCC implemented in Goa is a progressive law that promotes equality in the division of income and property between husbands and wives, as well as among children, regardless of their gender. The registration of births, marriages, and deaths is mandatory under this law. In terms of divorce, there are specific provisions in place. Muslims who have their marriages registered in Goa are not permitted to practise polygamy or resort to divorce through the practise of triple talaq. During the course of a marriage, all the property and wealth owned or acquired by each spouse are considered joint marital property. In the event of divorce, each spouse is entitled to an equal share of the property, and in the case of the death of one spouse, the ownership of the property is divided equally among the surviving members. Parents are not allowed to completely disinherit their children. At least half of their property must be passed on to their children, and this inherited property must be equally shared among all the children.
In conclusion, the discussion around implementing a Uniform Civil Code (UCC) in India remains ongoing. While Goa is the only state that has implemented a UCC, it is important to note that the Goa Civil Code was introduced during the Portuguese colonial era. The concept of a UCC, as envisioned by the constitutional framers, aims to establish a common set of civil laws applicable to all citizens, irrespective of their religious background. The current scenario in India highlights the existence of diverse personal laws influenced by religious customs and practices. These laws often result in disparities and discrimination, particularly against women. The implementation of a UCC would promote equality, secularism, and justice by ensuring that all individuals are governed by the same set of laws, irrespective of their religious affiliation. Moreover, a UCC would address various legal inconsistencies and discrepancies prevalent in personal laws across different religions. It would enable equal division of income and property between spouses, grant equal rights to children regardless of gender, and eliminate practices such as polygamy and triple talaq that disproportionately affect certain communities. Overall, the need for a UCC in India is crucial for the promotion of secularism, equality, and the overall empowerment of individuals, particularly women. It would align with the principles enshrined in the Indian Constitution and foster a more just and harmonious society.
Sashank Sekhar Dayal is Assistant Professor, Faculty of Arts, ICFAI University, Raipur, Chhattisgarh. Dr Pyali Chatterjee is HOD, Faculty of Law, ICFAI University, Raipur, Chhattisgarh.
