GS Paper 2
Syllabus: Indian Constitution/ Government Policies and Interventions
Context: The Uttarakhand government recently introduced the Uniform Civil Code (UCC) 2024 Bill in the Assembly, proposing significant changes in marriage, divorce, and succession laws. This has sparked a renewed debate on the Uniform Civil Code (UCC) in India.
What is UCC?
The Uniform Civil Code refers to the proposition of having a uniform set of civil laws for all citizens of a country, irrespective of their religious or cultural affiliations.
The principle behind UCC:
The concept of a UCC is rooted in the idea of equality and uniformity before the law and it aims to replace the personal laws based on religious practices that currently govern matters such as marriage, divorce, inheritance, adoption, and succession.
Historical Perspectives on UCC
- British rule: There was a lack of uniformity in civil matters as personal laws based on religious customs and traditions were recognized for different communities. The idea of a UCC emerged as a response to this fragmentation and as a means to promote a common civil identity.
- Portuguese rule:When Goa was under Portuguese rule until 1961, a Uniform Civil Code based on the Portuguese Napoleonic code was implemented.
- Nehruvian Vision: Jawaharlal Nehru envisioned a modern and progressive India and saw the UCC as an essential element of nation-building.
- He believed that a UCC would help eliminate divisions based on religion and promote equality among citizens.
- Hindu Code Bill: The Hindu Code Bill sought to codify and modernize Hindu personal laws relating to marriage, divorce, adoption, and inheritance. It was seen as a step towards a UCC, as it aimed to bring uniformity in personal laws within the Hindu community.
- Shah Bano Case (1985): The Supreme Court judgment, in this case, sparked debates on the need for a UCC to ensure gender justice and equal rights for women across religious communities.
Constitutional Perspectives on UCC
- Constituent Assembly Debates: During the framing of the Indian Constitution, the debates witnessed diverse viewpoints, with some members advocating for a UCC as a way to promote gender equality and secularism, while others expressed concerns about preserving religious and cultural rights.
- Directive Principles of State Policy: Article 44 of the Indian constitution states that the state shall endeavour to secure for its citizens a uniform civil code throughout the territory of India.
- Article 162 of the Indian Constitution states that a State’s executive power extends to matters within the State Legislature’s authority to legislate. Since Entry 5 of the Concurrent List covers areas like marriage, divorce, and succession, the Uttarakhand government can enact the UCC within its jurisdiction.
How do Personal laws govern different communities (currently) in India?
| Community | Personal Law | Description |
| Muslims | Muslim Personal Law | Governed by Muslim Personal Law, except for Muslims married under the Special Marriage Act, 1954, who are not subject to this law. |
| Hindus | Reformed Hindu Personal Law | Applies to Hindus after the Hindu Marriage Act, 1955; Renounced Hindus are still under Hindu Law. |
| Hindu Personal Law in Special Marriage Act | Hindus married under the Special Marriage Act, 1954, are still governed by Hindu Personal Law. | |
| Goa | Goa Civil Code (UCC) | Retained common family law is known as the Goa Civil Code after liberation from Portuguese rule in 1961. |
| Other Communities | Respective Personal Laws | Governed by their laws based on religious or community identity. |
Key Changes in the Uttarakhand Uniform Civil Code (UCC)
| Community | Key Changes | |
| Muslims | 1. Minimum age of marriage: 18 for women, 21 for men. This makes it at par with the minimum age of marriage provided in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. | |
| 2. Succession laws: Under the Uttarakhand UCC, testamentary and intestate succession align with the Indian Succession Act, 1925. In testamentary succession, there’s no restriction on property bequeathal. In intestate succession, priority is given to Class-1 heirs like children and widows; if none exist, Class-2 heirs like siblings inherit, followed by the closest relative. | ||
| Testamentary succession (with a will): Under the Uttarakhand UCC, there’s no restriction on property bequeathal through a will. | Previously, Muslims could bequeath only one-third of their property via a will, with the rest divided according to Islamic law. | |
| Intestate succession (without a will): Under Uttarakhand UCC, if someone dies without a will, the Indian Succession Act applies. Priority in inheritance goes to Class-1 heirs like children, widows, and parents. If none, it passes to Class-2 heirs such as siblings, nieces, nephews, and grandparents, and then to the closest relative if none of these exist. | ||
| 3. Ban on polygamy, Nikah Halala, and Iddat | ||
| Hindus | 1. Abolition of distinction between ancestral and self-acquired property: Under the new UCC Bill, a father can dispose of both his self-acquired and ancestral property. | Previously, a father could only dispose of his self-acquired property due to coparcenary rights. These rights, provided by the Hindu Succession Act, have been abolished by the new UCC Bill. |
| 2. Elevation of both parents as Class I heirs in intestate succession: Both parents—mother and father—are now Class I heirs in intestate succession, whereas previously only the mother was included. | ||
| Explanation: Suppose a person named A passes away without leaving a will (intestate). According to the current Hindu law, if A had any property, it would primarily go to their mother if they had one, and then to other relatives like their spouse or children. However, the father was not considered as one of the primary heirs. Now, under the new law, both the mother and the father are considered as equally important heirs | ||
| Other Changes: Live-in relationship | All live-in relationships must be registered with the designated authority.; children born out of such unions are granted legal rights. | |
| If either partner is under 21, their parents will be informed, and the registration will be sent to the local police. | ||
| Children from such relationships will have legal rights. | ||
| Married individuals cannot enter into live-in relationships. | ||
| Marriage Registration | Mandatory marriage registration within 60 days | |
| Providing false information during registration could lead to a three-month jail term and a fine of ₹25,000. Failure to register the marriage may result in a ₹10,000 fine. | ||
| Divorce | Divorce can only be granted through court proceedings. Violating this rule could result in up to three years of imprisonment. | |
| Exemption for STs | Scheduled tribes (STs) are not covered by the bill. This exemption comes in response to the concerns raised by the tribal population, which makes up approximately 3% of the state, regarding the special status granted to them. | |
Benefits of UCC
| Benefits | Explanation |
| National Integration and Secularism | UCC fosters a common identity among citizens, promoting national integration. It treats all religions equally, reducing communal conflicts and promoting secularism. |
| Gender Justice and Equality | UCC ensures gender justice by removing discriminatory laws, and granting equal rights to women in marriage, divorce, inheritance, etc. |
| E.g. the draft Uttrakhand UCC treats men and women equally in matters such as inheritance and marriage. The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws. | |
| Simplification and Rationalisation of Legal System | UCC simplifies the legal system by eliminating complexities and contradictions of multiple laws. It harmonizes civil and criminal laws, enhancing accessibility for the common people. |
| Modernisation and Reform of Outdated Practices | UCC modernizes and reforms outdated practices, aligning personal laws with human rights and constitutional values. |
| The propsed Uttrakhand UCC bans polygamy, halala, iddat, triple talaq, and child marriage. It suggests a uniform marriage age for girls and mandatory registration of live-in relationships. |
Limitations of UCC:
| Limitations | Explanation |
| Diverse Personal Laws and Customary Practices | Harmonizing India’s diverse laws and practices to establish uniformity is complex, especially when many laws are undocumented or contradictory. |
| For instance, the Special Marriage Act, 1954, which is secular, prohibits marriage between first cousins, a practice common in some communities. | |
| Resistance from Religious and Minority Groups | Some religious and minority groups argue that UCC could impose majority views and undermine their constitutional rights, particularly under Article 25 guarantees freedom of religion. |
| Lack of Political Will and Consensus | Concerns exist regarding potential communal tensions and conflicts arising from its implementation, highlighting the lack of political will and consensus. |
| Practical Difficulties and Complexities | Implementing UCC would involve substantial efforts such as drafting, codifying, harmonizing, and rationalizing personal laws and practices. |
| Threat to cultural diversity | UCC may homogenize laws, posing a risk to India’s multiculturalism. For example, it could overlook diverse religious and cultural practices, including those of Scheduled Tribes. |
Law Commission Views:
- 21st Law Commission of India:It said the “issue of uniform civil code is vast, and its potential repercussions, untested in India”. It said that “ UCC is neither necessary nor desirable at this stage”.
- The government had asked the 22nd Law Commission of Indiato undertake an examination of various issues relating to UCC.
Supreme Court Views:
| Landmark Cases | Ruling and Implications |
| Shah Bano Case (1985) | The Supreme Court upheld the right of a Muslim woman to claim maintenance from her husband even after the Iddat period. It highlighted the need for a UCC to remove contradictions based on ideologies. |
| Sarla Mudgal (1995) | The Supreme Court stated that a Hindu husband cannot convert to Islam and marry without dissolving his first marriage. It emphasized that a UCC would prevent fraudulent conversions and bigamous marriages. |
| Shayara Bano case (2017) | The Supreme Court declared triple talaq as unconstitutional and violative of Muslim women’s dignity and equality. It recommended that Parliament enact a law to regulate Muslim marriages and divorces. |
Conclusion:
The implementation of a Uniform Civil Code (UCC) in India requires a balanced approach that respects multiculturalism and diversity. Inclusive discussions with stakeholders, including religious leaders and legal experts, are essential to ensure diverse perspectives are considered. The focus should be on eliminating practices that hinder equality and gender justice while avoiding reactive culturalism. The reform process of Muslim Personal Law should be led by the Muslim clergy, and Muslims should critically examine practices to promote equality and justice. The aim is to develop a just and inclusive UCC that upholds constitutional values.
Insta Links:
Strike a fine balance, have a just civil code
Mains Links:
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)
Prelims Links:
Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: ( UPSC 2012)
- Securing for citizens of India a uniform civil code
- Organising village Panchayats
- Promoting cottage industries in rural areas
- Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Ans: B
