Progress towards the Uniform Civil Code (UCC) in India
Implementation of the Uniform Civil Code (UCC) has been a contentious issue since India became independent on 15 August, 1947. Major four developments in this regard that happened in the country after independence are covered in this article.
Reference of the UCC in the constitution of the country
Immediately after the birth of India, the Drafting Committee for Constitution was constituted on August 29, 1947 under the chairmanship of Dr B R Ambedkar, known as the father of the Indian constitution. Dr Ambedkar was a supporter of the implementation of the Uniform Civil Code though he had doubts about the maturity of the country to accept such a progressive act at that time. However, many other members of the Committee and prominent leaders, especially leaders from the Muslim community, were of the view that the country was not matured enough for the UCC and argued that it should be implemented after consultation and gradually.
Despite difference of opinions, the UCC succeeded in finding place in Part IV of the Constitution of India. Part IV which covers the Directive Principles of State Policy (DPSP) states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Directive Principles of State Policy are not enforceable or justiciable in a court of law. However, they are fundamental to the governance of the country.
The clause on UCC was debated in the Constituent Assembly as to whether to include as a fundamental right or to be retained as a directive principle. The sub-committee on fundamental rights headed by Sardar Vallabhbhai Patel decided that securing a UCC was not within the scope of fundamental rights.
Adoption of the UCC by the union territory of Goa in 1961
As of now, no state in the country has officially made the UCC mandatory. The state of Goa is, however, an exception and it follows a version of the code. The territory of Goa was under the rule of Portuguese and in terms of the Portuguese Civil Code of 1867, the code was enforced in Goa in 1870. The Goa, Daman and Diu were annexed to Indian union in 1961. The territory continued to adopt the same code even after joining Indian union.
Shah Bano case and the demand for implementation of the UCC
In 1985, the verdict of the Supreme Court upholding the demand of Shah Bano, a Muslim woman, for maintenance by her divorced husband brought the requirement of the UCC to the forefront. In this case, Sha Bano proceeded against her divorced husband under Section 123 of the Code of Criminal Procedure, 1973 for maintenance. The two had married in 1932 and had five children. Section 123 of the CPC stipulates that a man should provide for his wife during the marriage and after divorce if she cannot sustain herself financially on her own. However, her divorced husband contested the case on the grounds that the Muslim Personal Law limited the payment of maintenance for the period of iddat. Iddat is a period, usually of three months, which a woman must observe after the death of her husband or a divorce before she may remarry.
In April 1985, the Supreme Court of India upheld her right for the payment of maintenance. However, caught between the protesting Muslim clergy, backed by the All India Muslim Personal Law Board, and the Hindu right wing that demanded a Uniform Civil Code, the then Rajiv Gandhi government passed the Muslim Women (Protection on Divorce) Act, 1986. This Act essentially overturned the Supreme Court verdict and pacified the Muslim community. However, the case fuelled the demand for the implementation of the UCC by the sections of major community and even by the progressive fractions, especially women, of minor communities.
Similarly, Mary Roy Etc VS State of Kerala and Others is also considered a landmark case that brought equal rights for Syrian Christian women in India as their male siblings on matters of inheritance. There have been other supreme court verdicts also that indicated the necessity of following a uniform civil code.
Stance of Law Commission.
In 2016, the Government under Mr.Narendra Modi requested the Law Commission of India to explore as to how a uniform civil code can be formed for replacing existing thousands of personal laws. The Law Commission submitted a consultation paper on the reform of family law. It expressed that Uniform civil code was neither necessary nor desirable at that stage. At the same time, the Commission pointed out the need to have uniformity of personal laws prevailing among different sections of a particular religion itself. The Commission recommended for adoption of uniform practices in the personal laws in respect of marriage and divorce across religions. Some of the suggested actions include fixing the marriageable age for boys and girls at 18 years, treating adultery as a ground for divorce for men and women and simplifying the divorce procedure. It also recommended the abolition of the Hindu Undivided Family (HUF) as a tax-exempted entity.
Implementation of the UCC is a long- time poll promise of the BJP party, presently in power in India. However, the Union Law minister has indicated that the Government has no plans to speed up the implementation of the UCC. Therefore, it is likely that there could be a promise from the party to establish the UCC, if elected to power next time.
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