Uniform civil code (UCC):-
One country, one law, to be applied to all religious communities, is the idea behind the uniform civil code. Part 4, Article 44 of the Indian Constitution specifically mentions the phrase "Uniform Civil Code.". According to Article 44, "The State shall endeavor to secure for the Citizens a uniform civil code throughout the Territory of India.
Context:
Since the first petition to seek the framing of a UCC to promote national integration and gender justice, equality, and the dignity of women was filed in 2019, the uniform civil code (UCC) in India has become a hotly contested issue.
Part IV of Article 44 of the Constitution, discussions surrounding a uniform civil code, and implementation challenges and recommendations are covered.
The Supreme Court upheld the law's constitutionality, harmonized it with section 125 of the Criminal Procedure Code, and ruled that a wife's iddat payment must be sufficient to support her both now and in the future. Therefore, a Muslim woman who has been divorced is entitled to maintenance for life, or until she marries again, according to the law of the land.
Case of Sarla Mudgal:-
In this instance, the issue was whether a Hindu husband who had been wed according to Hindu law could also accept Islam and thereby perform a second marriage. The Hindu marriage solemnized in accordance with Hindu law can only be dissolved on any of the grounds listed in the Hindu Marriage Act of 1955, the court ruled. A second marriage that is solemnized after converting to Islam would be unlawful under section 494 of the Indian Penal Code (IPC) because converting to Islam and getting married again would not be sufficient to annul the Hindu marriage under the act.
In this case, a priest from Kerala named John Vallamattom questioned whether Section 118 of the Indian Succession Act, which applies to non-Hindus in India, is constitutionally valid. Mr. Vallamatton argued that Section 118 of the Act discriminates against Christians by placing unreasonable limitations on their ability to leave property to charity or for religious purposes. Because it was unconstitutional, the bench invalidated the section.
"The State shall endeavor to secure the citizen a Uniform Civil Code throughout the territory of India," the Constitution's Part IV, Article 44 states.
The DPSP "shall not be enforceable by any court," according to Article 37 of the Constitution, which makes this clear. Nevertheless, they are "fundamental in the country's governance.". This shows that even though our constitution as written believes that a Uniform Civil Code should be applied in some way, it does not impose any requirements on its application.
Civil Code of Goa.
Only the Indian state of Goa has a UCC that takes the form of common family law. The Portuguese Civil Code, which is still in effect today, was first implemented in Goa in the 19th century and was left in place after the state was freed.
Features-
The Goan Uniform Civil Code is a progressive piece of legislation that permits the equitable division of assets and income (regardless of gender) between husband and wife and children.
Every birth, marriage, and death must be legally recorded. There are a number of provisions regarding divorce.
Muslims who register their marriages in Goa are prohibited from engaging in polygamy and triple talaq divorce.
All assets and wealth owned or acquired by each spouse during the marriage are held jointly by the couple.
In the event of a divorce, each spouse is entitled to one-half of the property, and in the event of a death, the surviving spouse receives one-half of the property ownership.
Parental disinheritment of a child is not permitted. Their children must receive at least half of their possessions. Each child will receive an equal share of this inherited property.
Although not strictly a uniform code, the code has some shortcomings. For instance, under certain conditions outlined in the Codes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to bear a child by the age of 25, or if she fails to bear a male child by the age of 30), Hindu men have the right to bigamy. The law forbids polygamy in other communities.
Reasons for and against the uniform civil code.
A few justifications for the uniform civil code are as follows.
It will integrate India, which has a diverse population of religions, traditions, and practices. More than at any other point since independence, a uniform civil code will aid in integrating India. It will assist in unifying all Indians under a single national civil code of conduct regardless of caste, religion, or tribe.
Will Aid in Reducing Vote Bank Politics- A UCC will also aid in reducing vote bank politics, which the majority of political parties engage in each election.
Personal Laws Are a Loophole - By allowing personal laws, we have created a different judicial system that continues to be based on principles that date back thousands of years. That would alter with a unified civil code.
It is a sign that the country has moved away from caste and religious politics and is now a modern, progressive one. Although we have experienced significant economic growth, our social development has lagged. India's goal of becoming a truly developed country will be closer to reality with the aid of a UCC.
More Rights for Women – Religious personal laws are by their very nature misogynistic, and by allowing outdated religious laws to continue to rule family life, we are dooming all Indian women to subjugation and mistreatment. A uniform civil code will also aid in the advancement of women's rights in India.
All laws relating to marriage, inheritance, family, land, etc., should be applied equally to all Indians. For all Indians, it ought to be equal. The only way to guarantee that all Indians are treated equally is through UCC.
It Encourages True Secularism: A uniform civil code simply means that everyone in India must abide by the same laws, regardless of their religion, and that everyone will be treated equally.
This promotes true secularism.
A minority of people shouldn't be able to pick and choose which laws they want to be governed by because change has always been the law of nature. These personal laws weren't made to stand still in a different time or place because they were created in a particular spatiotemporal context.
Numerous provisions of specific personal laws violate human rights.
UCC does not oppose secularism, and Articles 25 and 26 guarantee the freedom of religion.
A more cogent legal system will result from the codification and unification of the disparate personal laws. By doing this, the judiciary will be able to administer the law more easily and effectively while also clearing up the current confusion.
Challenges in Implementing the Uniform Civil Code.
Misinformation about the UCC - Since the UCC's content has not been made explicit, minorities may assume that it is a method of imposing majority views on them.
Due to the difficulty and sensitivity of the problem, there is a lack of political will.
Different religious communities have different personal laws, which makes the UCC debate more politically charged.
Personal laws, according to UCC's detractors, stem from religious principles. They contend that it is wise not to bother them as this could lead to a great deal of hostility and tension between various religious communities. Additionally, Articles 29 and 30 of the Indian Constitution guarantee minorities the freedom to practice their own religion, culture, and customs. India is a secular nation. They contend that applying UCC will violate these articles.
The following are some ideas for putting a uniform civil code into practice.
The following recommendations require immediate consideration in order to achieve the DPSP's objectives and preserve legal uniformity:.
To comprehend the UCC's spirit, it is important to promote a progressive and open-minded outlook among the populace.
To achieve this, programs for education, awareness, and sensitization must be implemented.
The interests of all religions should be considered when drafting the Uniform Civil Code.
To maintain uniformity and to avoid offending any particular community's feelings, a committee of distinguished jurists should be established.
Since the subject is delicate, it is always preferable if the initiative originates from the relevant religious organizations.
Gradual change is the way forward for UCC.
The personal laws of Hindus, Muslims, Christians, and Parsis are all codified in India, which is a unique combination. There is no universal family law for all Indians in a single statute book that is acceptable to all religious communities that coexist in India. The majority of them, however, agree that UCC is unquestionably desirable and would significantly strengthen and consolidate Indian nationhood. Different people have different ideas about when and how it should be implemented.
Political and intellectual leaders should attempt to forge a consensus rather than using it as an emotional issue to advance their political agendas. The issue, which personal laws have so far failed to address, is simply how to treat every human being with dignity. It is not about protecting minorities or even about maintaining national unity.
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