UNIFORM CIVIL CODE

In India, we have criminal code which is applicable to all the citizens irrespective of their
caste, religion or gender. But a similar code is not exist with respect to succession, divorce or
adoption, these are governed by the personal laws. These personal laws are varied in their
sources, philosophy and application. Thus, a major constraint arises while bringing people
governed by different religions under one roof.

Article 44 of the Directive Principles of State Policy in the Indian Constitution states that “the
state shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India.” The objective of this code is to harmonize India by bringing all communities on a
common platform on matters which are presently governed by diverse personal laws.

The Uniform civil code in India aims atrestoring the personal laws based on the scriptures
and customs of each major religious community in the country with a common set governing
each citizen. The contemporary debate on Uniform civil code in the country is build on the
discourse to replace individual personal customs and practices of marriage, divorce, adoption
and successions with an unified code. Those in favour of common code proclaim that it will
end discrimination on the basis of diverse religious practices but others who are not in favour
of one code argue that it will violate the fundamental right to practice and propagation of
religion under article 25 of Indian Constitution.

The controversy for auniform civil code dates back to the Colonial period in India. The
personal laws were first framed during the Colonial period mainly for Hindu and Muslim
community. The Lex Loci Report of October 1840 emphasised the importance and necessity
of uniformity in codification of Indian law, relating to crimes, evidences and contract but it
recommended that personal laws of Hindus and Muslims should be kept outside such
codification. The Colonial masters codified the law of crimes and framed a common law to
deal with the crimes but in the case of personal laws, very few attempts were made.

During the post colonial period, the prime minister Jawaharlal Nehru, his supporters and
women activists wanted a uniform civil code to be implemented.They convinced that few
amendments are required before a uniform civil code is imposed on citizens belonging to
different religions as the issue was sensitive and uniform civil code could be seen by citizens
as a threat to their cultural and religious practices. In, 1956 the Indian parliament passed
Hindu Code bill which faced tremendous opposition. This bill was focused on uniform civil
code.

Though a demand for a uniform civil code was made by Prime Minister Jawaharlal Nehru,
his supporters and women activists, they had to finally accept the compromise of it being
added to the Directive Principles because of heavy opposition. Uniform civil code became the
most debatable topic during the Shah Bano case in 1985. In this case Shah Bano, a Muslim
women and wife of Mohammad Ahmad Khan filed a petition at a local court in Indore,
against her husband under section 125 of the Code of Criminal Procedure, asking him for a
maintenance amount for herself and her children. Her husband gave an irrevocable talaq
(divorce) to her which was his prerogative under Islamic law and took up the defence that
since Shah Bano had ceased to be his wife and therefore he was under no obligation to
provide maintenance for her as except prescribed under the Islamic law which was in total
Rs. 5400. The issue was finally taken up by Supreme Court and it decided it in favour of
Shah Bano using secular Criminal Procedure Code regardless of religion. The Shah Bano
judgment elicited a protest from many sections of Muslims who also took to the streets
against what they saw, and what they were led to believe, was an attack on their religion and
their right to their own religious personal laws.

The status of triple talaq in India has been a subject of controversy. Those questioning the
practice have raised issues of justice, gender equality, human rights and secularism.

In the landmark judgement of case Shayara Bano v. Union of India, the instant triple talaq
was declared as void, illegal and unconstitutional. The process of reforming and striking
down unjust and unequal laws across communities must be taken forward while expanding
secular legislation to ensure gender justice. Equality before law is supreme and no arbitrary
personal laws can seek refuge under the freedom of religion right. The process of instant
triple talaq violates article 14 of the Indian Constitution that promises the citizens equality
before the eyes of law, as well as article 15 that prohibits discrimination. The demand for a
uniform civil code has raised from the triple talaq judgment, with certain sections arguing that
the retention of Muslim Personal Law is in contravention to the Constitution. The existence
of personal laws has benefitted India’s Muslim population disproportionately, and so a need
for a uniform civil code has been raised. The Union Cabinet on approved a ‘Muslim Women
(Protection of Rights on Marriage)’ Bill that makes instant triple talaq or talaq-e-biddat a
criminal offence and a Muslim husband resorting to instant talaq can be jailed for upto three
years.

Uniform Civil Code will ensure equality before law as the same set of secular civil laws
would govern different people belonging to different religions and regions rather than
different personal laws based on their religion or ethnicity. The sense of equality will help to
bind people together and reduce the religious divide to some extent, bringing about national
integration.

India as a nation will not be truly secular unless uniformity is established in the form of
rational non- religious codified laws. The Muslim Personal Law has not been reformed since
1937 and in many ways appears to be not in keeping with the present times, especially, laws
on polygamy and issue of unilateral divorce are totally anti-women. Thousands of Muslim
women have recently sought support to abolish the "heinous" practice of 'triple talaq', which
they have termed as "un-Quranic" practice. Thus, uniform civil code will promote gender
equality and give women more rights.

Uniform civil code provides the equal status to women as a citizen of India, and guaranteed
equal protection and dignity. Uniform Civil Code should not be forced upon people. Rather
the government need to ensure adequacy of general laws to ensure that the basic human rights
and human dignity are protected. It is well understood that certain outdated practices in
various personal laws need to be reformed. The same can serve as a first step towards a
Uniform Civil Code, which must be slowly ushered in through consensual debates and
discussions.

The Hindu Code law and the Christian Personal Law have been also reformed with regard to
gender equity. Hence, the envisaged ‘Muslim Women (Protection of Rights on Marriage)’
legislation could be taken as a step towards reforming the Muslim family law that would be
within the ambit of the Quran and comply with the Constitution of India.