- Prelims: Uniform civil Code, Directive Principles of State Policy etc
- Mains GS Paper II: Government policies and interventions for development of various sectors, weaker sections of society and interventions for their development etc
ARTICLE HIGHLIGHTS
- India, being a diverse nation, is home to many religions, each with its distinct personal laws governing marriage, divorce, adoption, inheritance and succession.
- The Prime Minister addressing workers during the “mera booth sabse majboot” programme in Bhopal reminded the country of the government’s obligation and duty to implement the Uniform Civil Code (UCC) envisaged in the Constitution.
INSIGHTS ON THE ISSUE
Context
Uniform Civil Code:
- It provides for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
- Article 44: It lays down that the state shall endeavor to secure a UCC for the citizens throughout the territory of India.
Constituent Assembly about the UCC:
- Sub-committee on fundamental rights(headed by Sardar Vallabhbhai Patel): It decided that securing a UCC was not within the scope of fundamental rights.
- Member Naziruddin Ahmad from Bengal: UCC would come in the way of Article 19 of the draft Constitution-now Article 25(which guarantees the right to freedom of religion subject to public order, morality, and health).
- Member K.M. Munshi: UCC will promote the unity of the nation and equality for women.
- B.R. Ambedkar: He stated that the Article “merely” proposed that the state shall endeavor to secure a UCC, which means it would not impose it on all citizens.
- He stressed the importance of a UCC in ensuring gender equality and eradicating prevailing social evils.
- R. Ambedkar observed: why should religion be given this vast, expansive jurisdiction so as to cover the whole of life and to prevent the legislature from encroaching upon that field.
- Members of the Constituent Assembly(such as Alladi Krishnaswamy Ayyar and K.M. Munshi): They advocated the enactment of a UCC.
- Alladi Krishnaswamy Ayyar: Article actually aims to try to arrive at a common measure of agreement in regard to these matters”.
- M. Munshi said: “whether we are going to consolidate and unify our personal law in such a way that the way of life of the whole country may in course of time be unified and secular.
Article 44 of the Constitution:
- The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India’.
- The language of Article 44 reveals the unambiguous intention of the framers of the Constitution and that they felt the UCC was in the national interest.
- Article 44: It requires the state to enact a UCC that applies to all citizens cutting across faiths, practices and personal laws.
Benefits of UCC:
- UCC can protect against discrimination in matters pertaining to divorce, maintenance, adoption and succession.
- The UCC seeks to establish a common set of civil laws for all citizens, regardless of their religion and culture, thereby promoting equality and ensuring justice for all.
Judicial stand:
- Shah Bano case: “It is a matter of regret that Article 44 has remained a dead letter.”
- The Court had pointed out that a UCC would help the cause of national integration.
- In the constitutional order of priorities, the right to religious freedom is to be exercised in a manner consonant with the vision underlying the provisions of Part III (Fundamental Rights)”.
- Sarla Mudgal (1995): Court said:
- “It appears that the rulers of the day are not in a mood to retrieve Article 44 from the cold storage where it has been lying since 1949.
- The governments have so far failed to make any effort towards unified personal law for all Indians.
- Indian Young Lawyers Association case (2018):
- In the constitutional order of priorities, the right to religious freedom is to be exercised in a manner consonant with the vision underlying the provisions of Part III (Fundamental Rights).”
- Personal laws should be constitutionally compliant and in conformity with the norms of gender equality and the right to live with dignity.
- The supremacy of fundamental rights over customary law ensures that various freedoms guaranteed to all citizens under the Constitution are safeguarded.
The essence of UCC
- The UCC is a step to safeguard the fundamental rights of all citizens and reduce social inequalities and gender discrimination.
- It is an attempt at creating a unified legal framework that upholds the principles enshrined in the Constitution and reaffirmed by Supreme Court judgments.
- Objective is to ensure that there is no gender discrimination, everyone enjoys the fundamental rights enshrined in the Constitution, and that the law of the land is uniform for every citizen in our country.
- It will serve as a powerful instrument for the promotion of equality and justice for all citizens.
Arguments in favor of UCC:
- Uniformity in cases: India does have uniformity in most criminal and civil matters like the Criminal Procedure Code, Civil Procedure Code etc
- Gender Justice: If a UCC is enacted, all personal laws will cease to exist. It will do away with gender biases in existing laws.
- Secularism: A secular nation needs a common law for all citizens rather than differentiated rules based on religious practices.
- Various communities in India: Example: All Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill.
- Shariat Act: There is no uniform applicability when it comes to the Muslim personal law or the Shariat Act 1937.
- Hindu Marriage Act of 1955: It prohibits marriages amongst close relatives but they are considered auspicious in the south of India.
- Hindu Succession Act of 1956: Wives are not coparceners(a person who shares equally with others in the inheritance of an undivided estate) nor do they have an equal share in inheritance.
Arguments against UCC:
- Plurality in already codified civil and criminal laws: So concept of ‘one nation, one law’ cannot be applied to diverse personal laws of various communities.
- Constitutional law experts: Framers did not intend total uniformity.
- Example: Personal laws were placed in Concurrent List(power to legislate being given to Parliament and State Assemblies).
- Customary laws: Many tribal groups in the country, regardless of their religion, follow their own customary laws.
- Communal Politics: The demand for a uniform civil code is considered to be framed in the context of communal politics.
- Article 25: It seeks to preserve the freedom to practice and propagate any religion.
Supreme Court judgements about implementation of UCC:
Way Forward
- Babasaheb Ambedkar and other learned members of the Constituent Assembly had proposed, uniformity in personal laws is essential for empowering women and ensuring gender equality in matters of marriage, divorce, and inheritance.
- A UCC would eliminate discriminatory practices that deprive women of their rights and provide them with equal opportunities and protections.
- The Constituent Assembly members recognised the existing challenges and stressed the need for a UCC to bridge the gaps and promote a sense of unity among diverse communities.
- Personal laws should have a two-dimensional acceptance — they should be constitutionally compliant and consistent with the norms of gender equality and the right to live with dignity.
QUESTION FOR PRACTICE
Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC 2021) (200 WORDS, 10 MARKS)
