Supreme Court Reiterates Support for Uniform Civil Code

Syllabus: GS2/ Polity and Governance

Context

• The Supreme Court of India reiterated its support for a Uniform Civil Code, observing that a common civil law framework would help address complexities arising from multiple personal laws governing marriage, divorce, and succession across communities.

Supreme Court’s Observations

• The petition before the court challenges provisions of the Muslim Personal Law (Shariat) Application Act, 1937, arguing that it discriminates against Muslim women in matters such as inheritance.
• The Court stated that striking down personal law provisions may create a legal vacuum regarding inheritance rules.
  • It emphasised that a Uniform Civil Code would provide a clearer and more comprehensive solution to ensure equality in personal laws, which requires legislative action, not only judicial decisions.

What is Uniform Civil Code (UCC)?

• A Uniform Civil Code refers to the provision of one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption, etc.
• Aim: To replace the existing diverse personal laws that vary based on religious affiliations.

Constitutional Provisions

• Article 44 contained in part IV of the Constitution says that the state “shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. 
• Part IV of the Constitution outlines the Directive Principles of State Policy, which, while not enforceable or justiciable in a court of law, are fundamental to the country’s governance.

UCC in India

• UCC in Goa: It follows the Portuguese Civil Code of 1867, which means that people of all religions in Goa are subject to the same laws on marriage, divorce, and succession.
  • The Goa Daman and Diu Administration Act of 1962, which was passed after Goa joined the union as a territory in 1961, gave Goa permission to apply the Civil Code.
• In 2024, The Uttarakhand Legislative Assembly passed The Uniform Civil Code of Uttarakhand Act, 2024, becoming the first Indian State to adopt a UCC post-independence.

Arguments in favor of UCC

• Uniformity in Governance: Having a common set of laws would streamline governance and administrative processes, making it easier for the state to administer justice and ensure the rights of its citizens.
• Women’s Rights: Personal laws in different religions have discriminatory provisions, particularly against women, and a uniform code will provide a more egalitarian legal framework.
• Secularism: A Uniform Civil Code is seen as a way to reinforce the secular fabric of the country by treating all citizens equally irrespective of their religious affiliations. 
• The Supreme Court in various judgments including Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985, has called for the implementation of the Uniform Civil Code.
• Promote national Spirit: The implementation of a UCC will promote the integration of India by establishing a shared platform for diverse communities.

Arguments against UCC

• Issues with implementation: The implementation of the code has been difficult because India is a diverse country with various religious communities following their own personal laws.
  • It has been argued that the marriage and death rituals observed by tribal communities differ from Hindu customs, and there is concern that these practices may also face prohibition. 
• Challenge for Law and Order: It would be a tyranny to the minority and when implemented could bring a lot of unrest in the country.
• Against Constitutional provisions: UCC is perceived as an infringement upon the constitutional right to freely exercise one’s chosen religion found in Article 25 and 26 and the Sixth Schedule of the Constitution

Way Ahead

• Build broad social consensus: The government should undertake wide consultations with religious leaders, legal experts, civil society groups, and minority communities to ensure that the framework reflects India’s pluralistic character and reduces apprehensions.
• Focus on gender justice: The primary objective should be to remove discriminatory provisions in personal laws, particularly those affecting women in matters of marriage, divorce, maintenance, and inheritance.

Source: IE