The Uniform Civil Code (UCC) is an idea to create the same set of laws for everyone in India regarding marriage, divorce, inheritance, adoption and maintenance. Right now people from different religions follow different laws in context of these matters.

Historical background

The idea of UCC has a long history. During British rule common laws were made for crimes, contracts, evidence etc but the Britishers did not interfere much with personal laws. Resultantly, Hindus, Muslims, Christians,Parsisand other communities were allowed to have their personal laws regarding their family matters.

Before independence, Goa was the only state following UCC. This state has enacted Portuguese Civil Code, 1867 when it wasunder the Portuguese rule. After Goa became a part of India in 1961, the Indian government allowed Goa to continue with the law in vogue.

Constitutional Provisions

After independence in 1947, the leaders of the country wanted to create a law that would treat all citizens equally, regardless of their religion. Dr. B.R. Ambedkar, the chief architect of the Indian Constitution strongly supported the idea of a Uniform Civil Code. He believed that personal laws should not be based on religion and that all Indians should have equal rights but this idea was opposed by many leaders on the ground that UCC may hurt the religious sentiments of different communities.So, the UCC was included in the Constitution as a part of the Directive Principles of State Policy under Article 44.

The said Article reads as under:-

"The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India."

This means the government is encouraged to work towards implementing the UCC but it is not legally required to do so.

Shah Bano’s Case

In 1980, Shah Banoa 73-year-old Muslim womanfiled a case for maintenance against her husband - Muhammad Ahmad Khan who refused to give her any financial support after divorce under the Muslim personal law.

What Happened in Court?

• The local court ordered the husband to pay her maintenance to Shah Bano.Muhammad Ahmad Khan challenged this order in the High Court and ultimately the matter landed in Supreme Court of India.
• In 1985, the Supreme Court ruled in favor of Shah Bano, saying that she has the right to receive maintenance under Section 125 of the Criminal Procedure Code, which applies to all citizens, regardless of their religion.

Why isthis case important?

The Supreme Court while deciding this case also suggested that India should have a Uniform Civil Codeso asto make personal laws alike for everyone, but this judgment was opposed by many Muslim groups saying that it invades their personal laws and traditions:

§  In no time, the ruling became a huge political issue. Resultantly the then government led byMr.Rajiv Gandhi, passed the Muslim Women (Protection of Rights on Divorce) Act, 1986. Under this law the Muslim women could not claim maintenance under Section 125 CrPC like Shah Bano did and the Muslim women’s rights after divorce would be decided as per the Muslim personal laws and not by the general law that applies to other Indian citizens. Even, this law was opposed by right wing groups and the women activists, saying it was unfair todeprive Muslim women of their rights to maintenance and property.

§  The Shah Bano’s case is significant because it started a nationwide debate onreligion, law, politics, implementation of common laws and women’s rights.

Uttarakhand enacted UCC

Uttarakhand has made history by becoming the first state in India to implement the Uniform Civil Code with effect from January 27, 2025.The code comes into effect almost a year after the bill was passed in the Uttarakhand assembly, which was among the BJP’s key election promises in the 2022 state polls. The Chief Minister Pushkar Singh Dhami announced that the UCC aims to create equal rights for everyone in family matters like marriage, divorce, inheritance of property removing discrimination based on caste, religion, gender and other factors.

Change in legal framework

§  If the UCC is implemented, it will replace major personal laws across religions in India, including the Hindu Marriage Act 1955, Hindu Succession Act 1956, Hindu Adoption and Maintenance Act 1956, Muslim Personal Law (Shariat) Application Act 1937, Dissolution of Muslim Marriages Act 1939, Muslim Women (Protection of Rights on Divorce) Act 1986, Indian Christian Marriage Act 1872, Indian Divorce Act 1869, Parsi Marriage and Divorce Act 1936, and Parsi Intestate Succession laws under the Indian Succession Act 1925 etc.

Advantages

1.    Equality for everyone:UCC will treat all people alike, no matter their religion, giving everyone equal rights.

2.    Better rights for women:UCC will abolishpolygamy (having more than one wife), child marriageand unequal inheritance (rights to property). It would make sure that women get equal rights in property and maintenance after divorce.

3.    Promote we-feeling: Having one common law would bring different communities closer to each other and create a sense of unity in the country.

4.    Simplifying the Law:UCC will simplify the complexities of law by promoting uniformity.

5.    Making Laws Modern:UCC will update the old laws and bring reforms to suit the modern world.

Disadvantages

1.    Effect on religious freedom:Many scholars think that UCC will directly affect the religious freedom guaranteed under Article 25 of the constitution of India.The said Article guarantees‘Freedom of conscience and the right to freely profess, practice and propagate religion, subject to public order, morality and health and other provisions of the constitution.’

2.    End of diverse cultures and traditions:India is a diverse country with many religions, cultures and traditions. In such a diverse it is difficult tobring all communities under one umbrella.

3.    Minoritieswould feel left out:There are more than 700 recognized tribes in India.The communities like Muslims,Parsis,Aadhivasisetc have their own set of laws and practices and they feel that UCC would favor the majority Hindu community and ignoretheir religious sentiments.

4.    May create divisions: The opposition and the left wing politicians, religious groupsetc may criticize the UCC thereby creating ripples in the society.

Conclusion:

In conclusion, the Uniform Civil Code is a sensitive topic having wide range repercussions on the socio religious landscape of India having both merits and demerits.On one hand it has a legal mandate for equality pan India but on the other hand it is a social dilemma for many religious groups etcmaking it a hard nut to crack for the government to legislate on this issue with consensus.

The writer is a law student in The Law School, University of Jammu and can be reached at ifrahhayat2006@gmail.com.