INDIA, TOWARDS UNIFORM CIVIL CODE

Uniform civil code is in itself is a debatable and controversial issue, but for me this issue is really pertinent in today’s society. I am not writing this article for favouring or disfavouring any section of the society, but to just through a light on “what is the ‘Uniform Civil Code’ and why it is so relevant? Does this mean imposition of Hindu law only; will it take away the freedom of religion?; Will it hamper the basic structure of our constitution which is prescribed under the Preamble and under fundamental right?”

Uniform Civil Code in India is the proposal to substitute the personal law with a comprehensive set of laws for every citizen without distinguishing or differentiating anyone on the basis of religion. Basically personal law deals with the issues like Marriage, Divorce, Inheritance, Adoption and Maintenance. The idea of the Uniform Civil Code was formulated by our constitution makers under Article 44 of the Indian Constitution and according to this Article, “The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India”( hereinafter referred as the UCC).

The issue which was started long back in 20^th Century to provide equal rights to men and women again come into limelight when a bench of Justices Vikramjit Sen and Shiva Kirti Singh questioned the government about its mandate on framing the UCC. So that all the religions are regulated by a single Law and this was happened when the bench was hearing a petition which challenged the legal provision that compels Christian couple to wait for at least two years for divorce, whereas this period is one year for other religions.

When we talk about the Uniform Civil Code, we have to consider the legal inference of UCC. First time the matter came to public notice when the Hon’ble Supreme Court directed the parliament to frame a UCC in the case of ‘Mohammad Ahmad Khan v. Shah Bano Begum’ in the year 1985. In this case a Muslim woman claimed for maintenance from her husband under Section 125 of Code of Criminal Procedure after she was given talaq from him. The Hon’ble Supreme court held that the Muslim women have the right to maintenance under this section which is a secular legislation. While deciding this case Chief Justice of India Y.V.CHANDRACHUD observed that “A Common Civil Code will help the cause of national integration by removing disparate loyalities to law which have conflicting ideologies”.

After this decision, discussion and protests were held all over India. This decision was overturned by the then Rajiv Gandhi government by the way of passing a legislation which is Muslim Women (Right to protection on Divorce) Act 1986 which retrenched the right of Muslim women to claim maintenance under Section 125 of CrPC. The second landmark case was the ‘Sarla Mudgal v. Union of India, the question was ‘whether a Hindu husband, Married under the Hindu Law by embracing Islam, can solemnise second marriage. The court held that conversion to Islam and marrying again would not dissolve the Hindu marriage under the act. Thus, second marriage which is solemnised after converting to Islam would be an offence under Section 495(5) of Indian Penal Code.

Some of the essentials of the UCC are discussed below. ‘Marriage and Divorce’ under personal law contains different essentials of a valid marriage in various religions. The new law should impose monogamy by banning multiple marriages and the registration of marriage should be made compulsory. This will end the discrimination against women and provides their basic human right. The minimum age limit for male should be 21 years and 18 years for female. By formulating a common age limit, will help in curbing child marriage. ‘Maintenance’ of women after divorce are different under Hindu and Muslim law. Under UCC, every woman apart from belonging to nay religion should be provided the right the right to claim maintenance under Section 125 of the CrPC. Apart from this there should be a common provision for maintenance of mother, father, son and unmarried daughter which is prescribed under Hindu Law. I n case of ‘Succession and Inheritence’, the situation is worst. Equal share to son and daughter from the father’s property will end the discrimination base on sex.

Under Article 44 of the Indian Constitution, it is the duty of the state to implement the Uniform Civil Code but the problem arises when people start playing communal and divisive politics. The Supreme Court on various occasions declines to take PIL on UCC to end discrimination against women. Hon’ble Chief Justice of India T.S. THAKUR said that they can’t compel the government to formulate the Uniform Civil Code and that is true to certain limits because the Courts have their own limitations. But when Parliament is not taking the responsibility then who else will take it. I t is also not correct that all the minorities are opposed to Uniform Civil Code. But the government has to assure that all the minorities should be given equal rights and opportunities and the State should protect their rights and property, at the same time treat them equally. The UCC should be carved out in such a way that a balance between protection of Fundamental rights and religious dogmas of individuals be maintained.

At last, I want to conclude that India has moved further to suvh an extent that we should be free from the religious whims and fancies. It will help us to become Secular, where all Indians will truly be treated equally regardless of religion. Different personal law creates unnecessary burden on the legal system. It will also carve out the loopholes present in different personal laws. Single personal law will also promote unity and will help to progress India as a nation. And I must say it will help to end vote bank politics, where there will be no way out that politicians have anything to offer in exchange of their votes.