Relevance: GS-2: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions, and basic structure.

Key Phrases: uniform civil code, Portuguese Civil Code, of 1867, Article 44 of the Constitution, Hindu Marriage Act, 1955, Muslim Personal Law (Shariat Application), 1937, Shah Bano Case, Sarla Mudgal Case, John Vallamattom Case.

Why in News?

• At a time when there’s a growing chorus, and a debate, on the need to review personal laws and have a uniform civil code, as in Goa where a 155-year-old Portuguese-era law is still in force, the Ministry of Law and Justice is learned to have conveyed to a parliamentary committee that review of such laws can be undertaken when a “sizeable majority” of the population seek amendment of the existing laws or a new law is enacted.

What is the Uniform civil code?

• The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would apply to all religious communities in matters such as marriage, divorce, inheritance, and adoption.
• Article 44 of the Constitution – in Part IV which deals with Directive Principles of State Policy – states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

What is the present status?

• In all parts of the country except Goa, different religious communities in India are currently governed by a system of personal laws, which have been codified over the years through various pieces of legislation. These laws largely focus on the following areas: –
  • Marriage and divorce
  • Custody and Guardianship
  • Adoption and Maintenance
  • Succession and Inheritance
• For instance, the Hindu Marriage Act, 1955 applies to Hindus, Buddhists, Jains, and Sikhs, the Parsi Marriage and Divorce Act, 1936 applies to matters related to Parsis, the Indian Christian Marriage Act, 1872 for Christians and the Muslim Personal Law (Shariat Application), 1937 applies to Muslims in personal matters.
• Since family and succession laws are under the concurrent jurisdiction of the Centre and state, a state government can bring in state law, but for a uniform law across the country, that can only be enacted by Parliament.

What will Uniform Civil Code do?

• The UCC aims to protect vulnerable sections including women and religious minorities, while also promoting nationalistic fervour through unity.
• When enacted the code will work to simplify laws that are segregated at present based on religious beliefs like the Hindu code bill, Shariat law, and others.
• The code will simplify the complex laws around marriage ceremonies, inheritance, succession, and adoptions making them one for all.
• The same civil law will then apply to all citizens irrespective of their faith.

How has the Supreme Court handled the issue of UCC?

• Shah Bano Case:
  • In the Shah Bano case, the court had lamented: “It is a matter of regret that Article 44 has remained a dead letter. A common civil code will help the cause of national integration by removing disparate loyalties to laws, which have conflicting ideologies. It is for the State, which is charged with the duty of securing a uniform civil code and it has legislative competence to do so.”
• Sarla Mudgal Case (1995):
  • In the Sarla Mudgal Case (1995), the court highlighted the need for a UCC yet again.
  • The court underlined that until UCC was enacted for all the citizens of the country, there will be always a loophole because different faiths had different beliefs, and naturally due to different beliefs and practices of communities, there will be a conflict.
• John Vallamattom Case (2003):
  • In John Vallamattom Case (2003), the court said that a common civil code will “help the cause of national integration by removing all contradictions based on ideologies”.
• In 2019, the top court again expressed its disappointment over the lack of UCC, saying: “Whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard.”

Opinion of law commission:

• In 2018, the Law Commission of India opined that the Uniform Civil Code is “neither necessary nor desirable at this stage” in the country.
• Now the government has referred the issue of the Uniform Civil Code to 22nd Law Commission to make appropriate recommendations.

Conclusion:

• The idea of a uniform civil code for the whole of India is regarded as eminently encouraging as it will give the idea of national unity and integrity and will also argue the motto of “one citizen one law”.
• Enforcing a uniform civil code for the diverse personal laws will not infringe one’s Right to Religion, but it shall only seek to dissipate such practices that are being carried out in the name of religion.
• Uniform Civil Code must be an amalgamation of the elements from the personal laws based on gender equality, non-discrimination of religion, caste, and creed.
• Its main objective would be to deliver equality amongst all citizens by administrating them through Common personal laws.

Source: Indian Express

Mains Question:

Q. The lack of a Uniform Civil Code in India is undercutting the chances of overall development of the Indian society. Discuss the need for a Uniform Civil Code in India using suitable references from Supreme Court judgments.