UNIFORM CIVIL CODE
The Uniform Civil Code (UCC) has been a longstanding and complex issue in India's legal and
social landscape. The UCC aims to replace the current system where different religious
communities follow their own personal laws in matters such as marriage, divorce,
inheritance, and adoption. Proponents argue that a UCC would promote national
integration, gender justice, and equality before the law, while critics express concerns about
preserving religious and cultural diversity.
The concept of a UCC has been part of India's constitutional framework since independence,
included as a Directive Principle of State Policy. According to Article 44 of the Constitution,
the state must make every effort to provide citizens with a UCC throughout India’s territory.
However, its implementation has been a subject of debate and controversy for decades. The
discussion around UCC touches on sensitive issues of religious freedom, minority rights,
and the balance between uniform civil law and India's diverse cultural traditions.
Bitish India (1858-1947)
The debate for a uniform civil code dates back to the colonial period in India. The Lex Loci
Report October 1840/emphasised the/importance and necessity of uniformity in
codification of Indian law. relating to crimes, (evidences] and contract but it recommended
that personal laws of Hindus and Muslims should "be kept outside such codification)
According to their understanding of religious divisions in India, the British separated this
sphere which would be governed by religious scriptures and customs of the various
communities (Hindus, Muslims, Christians and later Parsis). These laws were applied by the
local courts or panchayats when dealing with regular cases involving civil disputes between
people of the same religion; the State would only intervene in. exceptional cases. Thus, the
British let the Indian public have the benefit of self-government in their own domestic
matters with the Quccn's 1859 Proclamation promising absolute non-interference in
religious matters. The personal laws involved inheritance, succession, marriage and religious
ceremonies. The public sphere was governed by the British and Anglo-Indian law in terms of
crime, land relations, laws of contract and evidence - all this applied equally to every citizen
irrespective of religion.
The Muslim Personal law or Sharia law was not strictly enforced as compared to the Hindu
law. It had no uniformity in its application at lower courts and was severely restricted
because of bureaucratic procedures. This led to the customary law, which was often more
discriminatory against women, to be applied over it Women, mainly in northern and western
India, often were reattained from property inheritance both of which the Sharia provides.
Due to pressure from the Muslim elite, the Shariat law of 1937 was passed which stipulated
that all Indian Muslims would be governed by Islamic laws on marriage, divorce,
maintenance, adoption, succession and inheritance.
Legislative reforms (The Hindu law discriminated against women by depriving them of
inheritance. remarriage and divorce) "Their condition especially that of Hinds widows and
daughters was poor due to this and other prevalent customs.) The British and social
reformers like Ishwar Chandra Vidyasagar were instrumental in Outlawing such customs by
getting reforms passed through legislative processes. Since the British feared opposition
from orthodox community leaders, only the Indian Succession Act I865, which was also one
of the first laws to ensure women's economic security, attempted to shift the personal laws
to the realm of civil. The Indian Mariage Act 1864 had procedures and reforms Solely for
Christian marriages. There were Iaw reforms passed which were beneficial to women like
the Hindu Widow Remarriage Act of 1856, Married Women's Property Act of 1923 and the
Hindu Inheritance (Removal of Disabilities) Act, l928, which in a significant move, permitted
a Hindu woman's right to property.
The Special Marriage Act. 1954, provides a form of civil marriage to any citizen irrespective
of religion, thus permitting any Indian to have their Marriage Outside the realm of any
specific religious personal Jaw. Under this act polygamy was illegal, and inheritance and
succession would be governed by the Indian Succession Act rather than the respective
Personal Law. Divorce also Would be governed by the secular law, and maintenance of a
divorced wife would be along the lines set down in the civil law.
Shah Bano case (1985):-
A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq
(saying “I divorce thee” three times) and was denied maintenance. She approached the
courts and the District Court and the High Court ruled in her favour. This led to her husband
appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic
law.
The Supreme Court ruled in her favour in 1985 under the “maintenance of wives, children
and parents” provision (Section 125) of the All India Criminal Code, which applied to all
citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.
Facts about the case:
Under Muslim personal law, maintenance was to be paid only till the period of iddat. (three lunar
months-roughly 90 days ).
Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for
maintenance of the wife.
Impact – After this historic decision, nationwide discussions, meetings and agitations were
held. The then government under pressure passed The Muslim Women’s (Right to
protection on divorce ) Act (MWA) in 1986, which made Section 125 of the Criminal
Procedure Code inapplicable to Muslim women.
Danial Latifi & Anr vs Union Of India on 28 September, 2001 (A IR 2001 SUPREME COURT
3958)
Muslim Women’s Act (MWA) was challenged on the grounds that it violated the right to
equality under Articles 14& 15 as well as the right to life under Article 21. The Supreme
Court while holding the law as constitutional, harmonised it with section 125 of CrPC and
held that the amount received by a wife during iddat period should be large enough to
maintain her during iddat as well as provide for her future. Thus under the law of the land, a
divorced Muslim woman is entitled to the provision of maintenance for a lifetime or until
she is remarried.
Smt. Sarla Mudgal, President, Kalyani & ... vs Union Of India & Ors on 10 May, 1995 (AIR
1995 SUPREME COURT 1531)
In this case, the question was whether a Hindu husband married under the Hindu law, by
embracing Islam, can solemnise a second marriage. The court held that the Hindu marriage
solemnized under Hindu law can only be dissolved on any of the grounds specified under the
Hindu Marriage Act 1955. Conversion to Islam and marrying again, would not by itself
dissolve the Hindu marriage under the act and thus, a second marriage solemnized after
converting to Islam would be an offence under section 494 of the Indian Penal Code(IPC).