IS A UNIFORM CIVIL CODE NECESSARY IN INDIA

Introduction:

Uniform Civil Code (UCC) irrespective of age, religion, or other characteristics, refers to common law throughout the nation. Its goal is to provide equity to the whole judicial system. When India talks about secularism, it implies that all people have equal rights, which is exactly what the uniform civil code defines as an equal right.

As it was first adopted in Goa by the Portuguese in 1867, the idea of a uniform civil code is not new to India. This language is used in our constitution's Article 44, Part IV of Directive Principles of State Policy, which directs the government in establishing a uniform civil code policy. The creators of the constitution recognized the value of UCC while still granting religious freedom, however, this does not exclude the acceptance of UCC policy.

Uniform Civil Code:

All citizens are subject to the Uniform Civil Code (UCC), which is a set of laws, regardless of their gender, religion, or other characteristics. India is a democratic country that recognizes all of the world's major faiths and does not have a single official religion. Yet, the UCC, which accords with Article 14 of the Constitution, which states that "Everyone is equal before the law," is still necessary. UCC lends support to developing new policies that would not be prejudiced or that would not simply benefit a small portion of society.

The Uniform Civil Code is all about coexisting nature as unity in variety, not about one religion. None of the fundamental Rights will be harmed by this law. For instance: Special provisions for women and children, as well as the social and economic advancement of lower socioeconomic groups, are stated in Articles 15 (3) and (4). The adoption of UCC will not affect Article 25's freedom to practice any religion. By giving everyone the same chance, it will instead narrow the difference between the sexes and between the different religions.

Need for Uniform Civil Code:

As it was a founding father's aspirational objective and UCC had approximately 150 years of existence at the time, it was incorporated into state policy as a directive principle. Thus, the state has complete authority to put it into practice by considering the demands of the developing society.

The need for a unified civil code has arisen due to the following key factors.:

1. Gender Equality:

Due to the country's variety, there exist several personal laws that, from the perspective of the government, control each individual's religion. It essentially contradicts Article 14 but yet raises the point of religious freedom. Yet, gender discrimination exists in many personal laws, occasionally making women’s lives miserable. The fact that gender discrimination based on personal laws causes significant suffering for Indian women is a very difficult truth. For instance, the Hindu Succession Act of 1956 stated that daughters had no claim to inherited property. Hence, the Uniform Civil Code is essential to eradicating gender discrimination and ensuring that everyone in society has access to equal rights and opportunities.

2. Equal Status to all Citizens:

The Hindu Marriage Act of 1955, the Indian Christianity Act of 1872, and the Muslim Marriage Act of 1939 are all personal laws based on people's religions. In contrast to the personal law of Hinduism and Christianity, which permits a man to have just one wife, Muslim personal law permits a man to wed up to four wives. Similar to this, there are numerous religious distinctions, and they impede the development of hormone society. The UCC serves as an excellent instrument in this situation to bring everyone under one roof and to accord all religions equal standing regarding issues like inheritance, marriage, succession, etc. It would also be of great help to the legal process.

3. National Integration:

The motto of integration is "One Law, One Country". We cannot claim that India is a nation of integrated citizens if personal laws separate the citizen. because it is against the law for religion to integrate individuals. Similar to criminal law, where all religions are brought under one roof of law, a uniform civil code brings individuals under one roof of law for all problems. All Indians will be treated equally in this way.

4. Loopholes in the existing Personal Laws:

There are various flaws in personal laws, such as the fact that in Muslim law, males have an extra preference when it comes to divorcing their wives and can be remarried straight away. In this case, women are denied their rights. Discrimination is evident even in how property is passed down. A uniform code must be put into place to close the gaps in personal laws and prevent all such discrimination.

5. Promote complete Secularism:

In the preamble of the constitution, it is stated that India is a secular nation. Personal laws prevent discrimination; hence we cannot refer to a situation as being completely secular[8]. Hence, regardless of the faith a person follows, all religions must be treated equally under the law to achieve true secularism. Every citizen must be treated equally under a standard civil code, and there must be no exceptions to the rule of law.

6. Youth Aspiration:

With 65% of the population being young people under 35, the country's economy has a lot of potentials to grow, and these people are also its future. It would have a bad impact on society if they continued to practice discrimination based on gender or religion. Hence, to allow kids to develop freely, society's constraints must be removed, and everyone must be treated equally. This is only feasible with the adoption of the Uniform Civil Code. The UCC encourages youngsters to appreciate one another rather than causing divisions within the country.

7. Sustain Up with Global Advancement:

If we as a country don't keep up with how the rest of the world is progressing on an economic and social level, we will fall behind on the old-school turf. Being the fifth-largest economy in the world right now, it is time for us to give up on society as well. Now that the new code is in place, everyone has an equal chance to succeed. The adoption of a standard civil code will therefore help society progress.

8. Vote Bank Politics:

In India, the majority of voters are religious, and by discriminating against them, politicians may win their support. But, this will not further the country's growth. Because of this, if the UCC is there, politicians cannot request votes based on prejudice since at that time, when people choose their leaders, they are genuinely exercising democracy. UCC will therefore defend democracy in its finest sense.

Landmark Judgment

The court could not directly enforce UCC since it was a directive principle of state policy, therefore it implicitly ordered the states to adopt policies that would benefit and treat everyone equally through a historic ruling. Among them are:

1. Shah Bano Begum Vs Ahmed Mohammad

The supreme court in this case upheld section 125 of the Cr.P.C. because providing for a woman is a husband's responsibility, and he cannot recoup that cost by uttering the triple talaq. At this point, SC emphasized the value of UCC. Yet following the ruling, the government was compelled to enact a statute that disregarded Section 125 of the Criminal Procedure Code for Muslim women.

2. Sarala Mudgal Case

In a case where a Hindu spouse married again after converting to Islam, the court ruled that just one of the reasons listed in the Hindu Marriage Act of 1955 might dissolve a Hindu marriage. According to Hindu law, a second marriage is prohibited and criminal under Section 494 of the IPC; nevertheless, this act does not end the marriage if the couple converts to Islam.

Conclusion:

India has great diversity, which is lovely in terms of culture and history but causes unfairness when it is reflected in the law. A societal change is required to eliminate injustice, polarization, and other elements opposing fundamental rights. Even though the necessity for a uniform civil code has long been argued, we are still debating it today. Article 37 of the constitution stated that DPSP will not be enforced by the court so in several cases the court is directing the government and the society for the need of UCC, but the court itself is not able to implement UCC it has to be implemented through the Parliamentary body only. Thus, the creation of a uniform civil code is essential to the development of healthy secularism.