· Overview: Article 44, enshrined in Part IV of the Indian Constitution, recognises the need for a UCC, but it is not mandatory and is left to the government's discretion. The demand for a uniform civil code in India is contentious; supporters argue it promotes equality and secularism, while opponents believe it undermines minority rights and religious practices.
· Uniform Civil Code: The Uniform Civil Code seeks to create a common civil law that applies
to all citizens equally, unlike the current system where religious communities follow their respective personal laws on matters like marriage, divorce, and inheritance.
· Present Status of the Civil Laws: Hindu Personal Laws - It is codified in four Acts, The Hindu Marriage Act, 1955. Hindu Succession Act, 1956. Hindu Minority and Guardianship Act, 1956, and Hindu Adoptions and Maintenance Act, 1956.
Muslim Personal Law - It is not codified per se but is based on religious texts, though certain aspects of these are expressly recognised in India in acts such as the Muslim Personal Law (Shariat) Application Act, 1937 and Dissolution of Muslim Marriages Act, 1939.
Christian Personal Laws - Christian marriages and divorces are governed by the Indian Christian Marriages Act of 1872.
Exceptions to Personal Laws - Under Article 371, the Constitution makes certain exceptions to family law for the states of Assam, Nagaland, Mizoram, etc., to protect distinct regional identities.
·Related SC Judgements: Sarla Mudgal v. Union of India (1995) – This case involved a Hindu man who converted to Islam to practice polygamy. The Supreme Court emphasised the need for a UCC to prevent the misuse of personal laws, stating that such a code would bring clarity and consistency to civil laws.
Shayara Bano case (2017) - The Supreme Court declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional, marking a significant step toward promoting gender equality.
· Way Forward: A balanced approach to implementing a Uniform Civil Code (UCC) involves
gradual reform of personal laws, inclusive consultations, a focus on genderjustice, state-level UCC initiatives, and promoting legal awareness to build public support.
Gradual Reform in Personal Laws - Instead of an abrupt shift to a UCC, gradual reforms within existing personal laws could be more effective.
Broad-Based Consultation - Establishing a UCC requires consultation with all communities to ensure inclusivity and address concerns related to cultural identity. This approach could mitigate resistance and increase acceptance.
Consider State-Level UCC Initiatives - Allowing states to implement a UCC at the local level could help gauge its effectiveness and acceptability.
