The Debate Over Uniform Civil Code Ucc and Its Significance For India As A Secular Democracy
The Debate Over Uniform Civil Code Ucc and Its Significance For India As A Secular Democracy
The Debate Over Uniform Civil Code Ucc and Its Significance For India As A Secular Democracy
ABSTRACT
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India is one such country which is proudly characterized by its diversity, consisting of a wide
variety of religions, languages, and cultures. India is a secular democracy that embraces
diversity as an integral part of its social fabric. The nation is a plethora of linguistic, cultural
and religious identities. The diversity in India is also reflected throughout India’s political
structure, whereby power is shared between the Centre and the states, and different political
stakeholders represent these different identities. Religions in India not only provide the
foundation upon which Indian culture is built but also largely influence politics, laws and the
law-making process.1
During the period of India's independence, the makers of the Indian Constitution incorporated
provisions for personal laws that were based on religious beliefs, which allowed different
religious factions to frame personal laws that would govern the affairs of an individual
belonging to the said religions, including but not limited to laws pertaining to marriage,
divorce, succession, transfer of property, gifts, bequeathal of assets, heirship, adoption,
parentage and guardianship.2 However, the resultant framework for personal laws has elicited
concerns regarding gender inequality and the stark polarity in the treatment of different
individuals under different personal laws.3 While these personal laws have provided
individuals with the freedom to practice their respective religious customs, they have also been
criticized for perpetuating inequalities, particularly concerning gender rights.
The concept of a UCC proposes that personal laws based on religious traditions and customs
be eliminated in favour of a single body of civil law that is equally applicable to all people in
4
India. Article 44 of the Indian Constitution purports this liberal-intellectual directive
principle.5 It has been a subject of significant debate and controversy in India for decades. The
debate surrounding the UCC relates to issues of gender equality, religious independence and
the objectives of India as a secular country. The UCC aims to address and mitigate these issues
1
Rattan, Jyoti. “Uniform Civil Code in India: A Binding Obligation Under International and Domestic Law.”
Journal of the Indian Law Institute 46.4 (2004).
2
Garje, Balasaheb Sonajirao. “AN ASSESSMENT OF STATUS OF PERSONAL LAWS IN INDIAN
CONSTITUTION.” PalArch's Journal of Archaeology of Egypt/Egyptology 17.5 (2020).
3
Agnes, “The Supreme Court, the Media, and the Uniform Civil Code Debate.” (2007).
4
Mehrotra, Abhinav. “Uniform Civil Code (UCC) in India: An overview.” Observer Research Foundation (2022).
5
Part IV, Article 36-51 of the Indian Constitution contains the provisions for Directive Principles of State Policy.
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by providing a standard set of laws applicable equally to all citizens thereby upholding the
principles of equity and justice.
Personal laws in India have been a subject of constant criticism, mostly for providing a green
signal towards discriminatory practices against women such as ‘triple talaq’ and ‘halal’ in
Muslim laws and limited property rights for women in Hindu Law.6 Implementation of the
UCC would aid in mitigating the existing gender disparities ad promote gender equality by
safeguarding women's fundamental rights.7
The implementation of the UCC would serve to strengthen the fundamental principles of
India’s secular democracy by promoting the concept of ‘equality before the law’.8 The act of
treating all individuals equally under the law, irrespective of their religious affiliation, would
convey a powerful message. The implementation of a legal system that is founded on
constitutional principles rather than religious customs and traditions could potentially promote
national unity and harmony, and a shared sense of identity among citizens.
However, Article 37 of the Indian Constitution, clearly lays down that Directive Principles,
including the implementation of UCC under Article 44 are mere guidelines to be followed by
the government of India for the governance of the country and shall not be justiciable. That is,
the implementation of the UCC is not enforceable by any court. However, over the years
various directions have been issued by the Supreme Court of India for its implementation,
through various verdicts. In the landmark case ‘Mohammad Ahmed Khan v. Shah Bano
Begum’ 9 (also known as the Shah Bano case), decided in 1985, the Hon'ble Supreme Court,
for the very first time, ordered Parliament to prepare a legal framework for and establish a
UCC. In this case, it was observed that a common set of civil laws will help achieve the
objective of national integration by eliminating loyalties towards laws with competing
10
ideologies. In 1995, the verdict of the case ‘Sarla Mudhgal vs. Union of India’ was a
watershed moment in the fight for the want of a ‘UCC’. The verdict established the grounds
for prohibiting the practice of solemnising a second marriage through conversion to Islam
without first dissolving the prior marriage. The case deeply discussed the issue of bigamy and
6
Parashar, Archana, “Women and family law reform in India: Uniform Civil Code and gender equality.” SAGE
Publications Pvt. Limited, (1992).
7
Ibid
8
Article 14, The Constitution of India.
9
1985 AIR 945, 1985 SCR (3) 844.
10
AIR 1995 SC 153.1
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the inconsistency of prevailing personal laws related to marriage, while referring to Article 44
of the Indian Constitution.
On the other hand, the concept of the UCC has been subject to various issues and criticisms.
Opponents of UCC express concerns that its implementation may potentially infringe upon the
religious and cultural freedoms currently available to individuals.11 According to their
perspective, bringing uniformity in personal laws would grossly violate an individual's
religious freedom to exercise their religious beliefs in accordance with their discretion.12 It is
important to recognise and address these concerns and ensure that the UCC is executed in a
manner that safeguards individual liberties and preserves cultural diversity.
The ongoing debate surrounding the UCC is deeply interlinked with India’s socio-political
backdrop. As a country with a rich and diverse tapestry of religions, languages, and cultures,
India is striving to achieve the perfect balance between secularism, individual freedoms, and
overall national unity and harmony. The country’s political and social conditions are often the
topics that dominate the UCC debate in India.
The role of political parties and their respective ideologies is an important factor that positively
influences the UCC debate. The political parties have unique perspectives on the UCC, which
are shaped by their core vote banks, party manifestos, and ideological inclinations.13 Supporters
for the UCC argue that its implementation could help establish a better, equitable and just
society, while some parties representing minority communities have raised their concerns about
its potential impact on their cultural identity and religious practises.14 The debate over UCC
can be complex due to political factors, but it's important to consider all perspectives, including
electoral calculations and coalition maintenance.
India's social components also play a crucial role in shaping the UCC debate. The ongoing
debate is an opportunity to broadly bring out and assess cultural diversity and unique personal
choices among citizens. However, it's important to acknowledge concerns about cultural
homogenization and find solutions to frame the standardized personal laws in a manner that
honours and respects different cultures. Supporters of the UCC often highlight the fact that its
11
Deshta, Kiran. “Uniform Civil Code: In retrospect and prospect.” Deep and Deep Publications, (1995).
12
Ibid
13
Sharma, Avinash. “POLITICAL RESISTANCE TO SOCIAL REFORMS: THE CASE OF THE Uniform Civil
Code IN INDIA.” International Journal of History And Political Sciences 3.06 (2023).
14
Ibid
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implementation would uphold equality, justice, and gender rights. While opponents express
concern that implementing a UCC could potentially diminish the country's diverse cultural
heritage, its supporters highlight that a UCC would promote gender justice, strengthen
secularism, foster national integration, and bring India's legal framework into the modern
century. Discriminatory acts like Sati, Triple Talaq, Halala, Polygamy etc.. would be abolished.
One major judgement, which observed the possible positive impact of UCC on Indian citizens
is in ‘Navtej Singh Johar vs. Union of India’,15 which recognized same-sex relationships in
India.
As India undergoes social and economic transformations, there is a growing demand for
progressive reforms and gender justice. The discourse on the UCC is shaped by conversations
surrounding women's rights, gender equality, and the need to address discriminatory practices
prevalent in personal laws. The Attukal Bhagawathy temple in Kerala prohibits the entry of
married male except once a year during Kartik Poornima,16 whereas women were barred from
entry in the Sabarimala Temple before the recent judgement 17 . In Muslim culture, a woman
is not allowed inside a dargah. All of this even when Article 25 of the Indian Constitution spells
out that the right to worship shall not be subject to gender differences. All this social
discrimination can be avoided by smoothly implementing the UCC.
The debate on UCC further has its origins in the colonial period in India, connected with the
independence movement and the vision of a modern, secular nation. The ‘Lex Loci Report’ of
October 1840 highlighted the significance of having a uniform set of laws governing the
territories of India, particularly in regard to crimes, evidence, and contracts. However, in
contrast, it also suggested that the personal laws of Hindus and Muslims should be excluded
from such codification.18 This allowed the leaders of religious communities to frame personal
laws governing their people and thereby leading to the fragmentation of personal laws.
Muslims became obligated to follow the Sharia Law whereas Hindu code Bills became
applicable to Hindus. The Indian Marriage Act, of 1864 contained the laws and procedures
solely for Christian marriages. This created chaos-like situations, as these inconsistencies could
15
(2018) 10 SCC 1.
16
Sumitha, S. S. “SITUATING ATTUKAL TEMPLE AND KANNAKI CULT: A REPRESENTATION OF
MOTHER GODDESS CONCEPT.” Science and Technology 2.03 (2020).
17
Indian Young Lawyers Association vs. The State of Kerala (2017) 10 SCC 689.
18
Banerjee, Anil Chandra, “English Law in India” Abhinav Publications. p. 134. ISBN 978-81-7017-183-6
(1984).
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be manipulated to suppress and/or deprive the rights of individuals. However, there were
clauses in Sharia Laws that undermined women's rights and lowered their social standing.
Further, there was also a discriminatory Hindu tradition that denied Hindu women inheritance,
remarriage, and divorce. Even while people of different faiths were allowed to frame their laws,
this only served to further highlight existing inequality. Thereon, post-independence, the
framers of the Indian Constitution recognized the importance of personal laws in preserving
cultural identities and allowed religious communities to follow their respective personal laws.
However, they also envisioned the eventual enactment of a UCC as a means to establish a
common legal framework that upholds fundamental rights and equality. To this extent, several
laws have been enacted post-Independence to combat the issue of gender inequality, such as
the Special Marriage Act, 1954, Hindu Marriage Act, 1955, Succession Act, 1956, Minority
and Guardianship Act, 1956, Adoptions and Maintenance Act, 1956, Muslim Women
(Protection Of Rights Of Divorce) Act, 1986, etc. Consequently, this dilution in personal laws
became contradictory to the implementation of UCC in the Country.19 To this day, UCC in
India has been a contentious and highly debated topic and has been constantly brought up in
various verdicts made by the Supreme Court. The topic has divided the citizens and
stakeholders of various communities in our countries as ‘Supporters’ and ‘Opponents’.
Supporters of the UCC contend that it is a crucial step towards achieving gender equality and
justice. Personal laws in India have been criticised for continuing discriminatory practices
against women, especially in some religious communities. For instance, the triple talaq (quick
divorce) provision in Muslim personal law has come under fire for its potentially devastating
impact on the rights of Muslim women.20 This changed after ‘Shayara Bano v. Union of India
21
& Otrs’ wherein the Apex Court declared the practice of triple talaq (talaq-e-bidder),
unconstitutional. To this extent, the Government of India enacted the Muslim Women
(Protection of Rights on Marriage) Bill, 2019, which made the practice of triple talaq illegal
and unconstitutional, and a punishable offence. With the implementation of a UCC, women
will be given equal rights in marriage, divorce, succession and heirship, regardless of the
religious background they belong in.22
19
Purandare, Vaibhav “How Muslim fears were allayed, and the UCC became a directive principle” (8
September 2017).
20
Mehrotra, Abhinav. “Uniform Civil Code (UCC) in India: An overview.” Observer Research Foundation
(2022).
21
(2017) 9 SCC 1.
22
Parashar, Archana. “Women and family law reform in India: Uniform Civil Code and gender equality.” SAGE
Publications Pvt. Limited, (1992).
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Another rationale supporting the UCC is its reinforcement of the principles of a non-religious
democratic system and guarantee of absolute equality among all its citizens. India, being a
secular country, acknowledges and demonstrates respect towards the variety of religions and
cultures that exist within its territorial boundaries.23 It is further contended that a common set
of civil laws would promote national integration, and a sense of unity among citizens,
transcending religious borders. Supporters also highlight the need for legal uniformity and
simplicity in civil legal processes.24 India's legal system is complex, with multiple personal
laws governing different religious communities. The existence of separate legal frameworks
creates confusion and inconsistencies, leading to legal disputes and lags and delays in the
judicial system. Supporters of the UCC argue that implementing a UCC would streamline the
legal process, enhance access to justice, and promote efficiency in the legal system.25
On the other hand, critics have raised several legitimate concerns and opposing viewpoints in
the UCC debate. The opponents believe that having separate personal laws sustains the idea of
distinct legal systems that are predicated on religious affiliation.26 However, it could potentially
erode the principle of equality among individuals. A primary critique levelled against the
implementation of a UCC is that it infringes upon the rights of individuals to exercise religious
and cultural freedoms. The incorporation of personal laws into religious practises is widely
acknowledged by opponents, contending that the implementation of a UCC would encroach
upon the religious independence of diverse communities.27 According to the opponents,
personal laws serve as a means for religious minorities to maintain their cultural and religious
identities, and any endeavour to enforce a common code would constitute a gross infringement
of their rights and personal liberties. Opponents further contend that the UCC fails to consider
the wide-ranging cultural and societal customs that are prevalent in India. India is a nation
characterised by significant cultural and regional diversity, and as a result, personal laws have
undergone gradual development over the course of centuries to accommodate this diversity.
The implementation of a UCC at this juncture could potentially erode the distinctive cultural
identities and customs that are inherent to diverse religious groups.
Furthermore, critics of the UCC emphasise the possibility of social turmoil and opposition from
marginalised groups. The contention posits that the implementation of a UCC in the absence
23
Chibber, Shalina A. “Charting a new path toward gender equality in India: From religious personal laws to
a Uniform Civil Code” Ind. LJ 83 (2008).
24
Ibid.
25
Ibid.
26
Kumar, Alok Prasanna. “Uniform Civil Code- A Heedless Quest?” (2016).
27
Ibid.
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of sufficient consensus and dialogue may result in social unrest, demonstrations, and disruption
of communal concord. The significance of upholding cultural distinctions and achieving a
harmonious coexistence between the values of secularism and the safeguarding of cultural
independence is emphasised by critics.28
Overall, the debate surrounding the implementation of the UCC in India is a complex matter.
It is crucial to identify a compromise that acknowledges personal freedoms, confronts gender-
based inequities, and maintains the principles of multiculturalism.
Over time, a lot of concerns have been raised about the potential impact of implementing a
UCC on religious minorities in the country. One of the primary concerns expressed by
opponents of the UCC is that its implementation could undermine the religious autonomy and
cultural identity of the religious minorities.29 The imposition of a UCC is largely perceived as
a threat to the preservation of distinct religious practices and customs of the minority
communities.30 The Opponents of the UCC have also highlighted the need for the government
and the lawmakers, to respect and accommodate the unique traditions and customs of different
religious communities. They contend that personal laws have been carefully designed and
developed over time to cater to the specific needs and beliefs of these communities. Imposing
a UCC without considering these nuances could result in the loss of cultural heritage and
religious freedom of religious minorities. Moreover, opponents further raise caution over the
fact that the implementation of a UCC could potentially have a adverse effect on marginalized
sections of religious minorities. The opponents maintained that if UCC is to be implemented,
it must be done through a consultative and inclusive process that prioritises the protection of
individual rights while also respecting religious and cultural sensitivities.
The supporters of UCC however, have highlighted the need to address gender inequalities and
discriminatory practices. They argue that a that personal laws, in some cases, perpetuate gender
inequalities and discriminatory practices against women.31 Women from the Muslim
28
Reddy, Srikanth. “What Would Your Founding Fathers Think-What India's Constitution Says-and What Its
Framers Would Say-about the Current Debate over a Uniform Civil Code” Wash. Int'l L. Rev. 41 (2009).
29
Menski, Werner. “The Uniform Civil Code debate in Indian law: new developments and changing agenda.”
German Law Journal 9.3 (2008).
30
Ibid.
31
Rajan, Rajeswari Sunder, “Women between community and state: Some implications of the Uniform Civil
Code debates in India.” Social Text 18.4 (2000).
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community have frequently been the focal point of discussions concerning the UCC owing to
customs such as triple talaq.32 A UCC would provide a platform for progressive reforms that
address these injustices and discriminatory practices, and ensure equal rights and opportunities
for women from all religious backgrounds. also highlight the necessity for consistency and
ease of use in the judicial framework. The supporters further maintain that implementing a
UCC would optimise the legal procedure, augment the availability of justice, and mitigate
perplexity and incongruities. According to their argument, the establishment of a UCC would
promote equality among all members of society and reinforce the fundamental principles of a
secular, non-religious political system.33
It is important to note that the potential impact of a UCC on religious minorities is not uniform
across all communities. Each religious minority has its own distinct set of concerns and
expectations. For example, Christian and Parsi's communities have their laws that they wish to
preserve. Therefore, in any discussion on the matters of UCC, it is important to consider the
particular needs and aspirations of different religious communities to prevent their exclusion
or obliteration of their unique identities.
When it comes to achieving social, economic, and legal harmony in India, the need for a UCC
cannot be understated. For a long time, India has grappled to ensure that all of its citizens are
treated fairly, due to the country's diversity and the fact that different cultures have different
personal laws. A UCC would replace these many personal laws with a single body of law that
would be binding on all people regardless of their origin or belief system. Doing so would
further national harmony, gender equality, and the abolition of religiously motivated prejudice
in personal laws governing these citizens.34 A UCC would be an important step towards a more
progressive and inclusive India since it would simplify legal procedures, boost economic
efficiency, and encourage a feeling of national unity.35 The significance of the implementation
of UCC is as stated hereunder:
32
Ibid.
33
Chibber, Shalina A. “Charting a new path toward gender equality in India: From religious personal laws to a
Uniform Civil Code” Ind. LJ 83 (2008).
34
Shetreet, Shimon, and Hiram E. Chodosh. “Uniform Civil Code for India: Proposed Blueprint for Scholarly
Discourse” Oxford University Press, (2015).
35
Ibid
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l Equality before law: The colonial powers carried out the unified codification of Criminal
Law, Evidence Law and Contract Law in India. However, personal laws were possibly left
out, and have not been unified, primarily due to religious diversities and dilution in the
number of personal laws. If UCC is implemented, there will be no discrimination everyone
will be treated equally. There will be one law for all then everyone will be equal, which
will further ensure that there will be no discrimination.37 It will further aid in achieving the
goals enshrined in Article 14 of the Indian Constitution.
l National Integration: There are benefits and drawbacks to India's cultural diversity. By
fostering a feeling of national unity and identity among its people, a UCC can help bring
the country together as one. It would help bring people together by removing the barriers
of having separate personal laws.
l Modernization and Progress: Since its independence, India has seen massive cultural
transformations. In many instances, personal laws have not kept up with these
developments. Facilitating social growth and ensuring that personal laws are in tune with
the growing ambitions of Indian society, a UCC will bring the legal system in line with
current ideals and realities.
The Himalayan task of implementing a UCC also comes with its challenges and issues, which
are as follows:
36
Dahiya, Rohini. “Gender Justice in India: Outlook on Uniform Civil Code.” Curated Vioces (2021).
37
AFAQ, AHMAR, and SUKHVINDER SINGH DARI. “UNDERSTANDING Uniform Civil Code: ITS NEED
AND CHALLENGES.” Russian Law Journal 11.1S (2023).
38
Ibid.
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l Cultural Sensitivities: Opponents of the UCC worry that it would violate people's rights
to freely practise their religion and culture. They argue that under personal laws, groups
are allowed to follow their religious customs and remain apart from one another. Striking
a middle ground between cultural norms and the demand for gender parity is difficult and
should be deliberated thoroughly before considering any implementation.
b. Respect for Religious and Cultural Identities: Each community's religious and cultural
norms should be taken into account as the UCC is put into practice. It needs to respect the
diversity among religious communities even as it promotes equality, justice, and the rights
of the individual.
c. Gradual and Phased Implementation: Because of the wide variety of personal laws and
the possible effect on religious minorities, the UCC may need to be implemented in stages.
With this method, communities would have more time to adjust to the changes and any
issues that occur could be addressed before the shift was complete.
d. Focus on Gender Equality: The UCC should make advancing gender equality and justice
a top priority. Personal laws that discriminate against women are an area that has to be
addressed. Taking into mind the various cultural circumstances and sensitivities, the UCC
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should pay special attention to ensure that the rights of women of all religions are upheld
and protected.
CONCLUSION
The implementation of a UCC in India necessitates a sensitive and inclusive approach that
accounts for the diverse religious, cultural, and gender perspectives prevalent in the country.
The discussion and debate in India regarding the implementation of a UCC is a complex and
multifaceted one that considers various factors such as gender equality, secularism, and
national integration. The issue of implementing a UCC in India has been a topic of debate that
has seen supporters and opponents from various social segments of India. Supporters for the
implementation of the UCC argue that a UCC would promote gender justice, strengthen
secularism, foster national integration, and bring India's legal framework in line with modern
values. Advocates for the code contend that the implementation of a standardized set of civil
laws would bring India's legal system in line with modern and contemporary values. On the
other hand, Critics have expressed concerns about the potential challenges in achieving
consensus and the need to consider cultural sensitivities. There is also a factor of politics and
religion which plays a significant role in the ongoing debate over the UCC. Ultimately, the
decision regarding the implementation of the UCC must aim to achieve a harmonious
equilibrium between the principles of egalitarianism and personal liberties, while also
acknowledging and accommodating the diverse cultural and religious customs. By taking the
suggestions and recommendations into advisement, India can potentially navigate the process
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