A different approach is important for Uniform Civil Code

The Constitution of India under Article 44 provides for prescriptive action as an endeavor of the State to secure the UCC. Supreme Court delivering its verdict Sarla Mudgal Case (1995) directed the Central Government to consider the steps taken by it towards achieving the UCC.

Currently, all communities are governed by their own personal laws on many civil matters. are governed by the Hindu Marriage Act, the Hindu Succession Act, the Minority and Guardianship Act, and the Adoption and Maintenance Act. On the other hand, Sharia law governs Muslims, the Christian Marriage Act governs Christians and the Special Marriage Act, 1972, governs all marriages in India regardless of religion.

A UCC envisages a comprehensive and comprehensive statute of personal laws that will govern Indian society uniformly on issues relating to marriage, maintenance, succession, guardianship, adoption and other related matters. It will encourage joint ownership of all benefits received by the husband and wife and aims to protect the weaker sections of the society as envisioned by Ambedkar. Supreme Court, in shah banu begum Case (1985) observed that a UCC would help the cause of national integration by removing individual loyalties to laws with conflicting ideologies. It is pertinent to mention that the requirement of the UCC flows from the very definition of secularism, which in English refers to the separation of church and state. It refers to the separation of religion and state in the Indian context. At present, Goa is the only state which has successfully implemented a Uniform Code.

The state of Uttarakhand had constituted a five-member committee to prepare a draft proposal in May 2022. Recently, Gujarat followed suit and announced a UCC panel. The Supreme Court has dismissed a PIL challenging the constitutional validity of the UCC panels in these two states. Earlier, in December 2022, the Kerala High Court had suggested that the Center should seriously consider formulating a Uniform Marriage Code to promote common welfare.

As far as Parliament is concerned, a private member’s bill, introduced in the Rajya Sabha, seeks to set up a National Oversight and Screening Committee for the preparation and enforcement of the UCC. However, choosing between legislating general morality and offering individual religious freedom is fraught with tension.

Supreme Court delivering its verdict John Vallamattam Case (2003), regretted the lax implementation of the UCC. It noted that a Uniform Civil Code would aid national integration by removing contradictions based on ideologies and reiterated the need for the UCC in its 2017 judgment on triple talaq.

peek into the past: The Constituent Assembly was also divided on a UCC. Those who believed that state and religion had nothing to do with each other called for the inclusion of UCC under fundamental rights. He argued that various personal laws drawn from religious belief would divide the state into watertight compartments and result in a plurality of laws, in which the common national good would be superseded by narrow community interests. At the time, there were also those who argued vehemently that the individual right to choose a personal code should be fundamental.

Finally, the Fundamental Rights Sub-Committee classified the UCC as a Directive Principle. He followed Ambedkar’s equal-respect idea of ​​secularism, providing religious freedom to all communities. The expectation was that the multiple personal laws would be done away with at the appropriate time and later a single UCC law would be formulated with the consent of all the stakeholders.

The apprehension of UCC posing a threat to the rich cultural tapestry of India cannot be denied. However, the fear may be misplaced, as the UCC will not prevent anyone from practicing their religion or tradition, but will only demand that we conform to a uniform set of rules in areas where different personal laws prevail.

Well implemented, the UCC would promise communal peace and national integration, apart from equal treatment and rights for women in succession and divorce, conforming to norms of marriage and divorce, among other benefits. Our innumerable civil laws have made justice slow and tedious. A UCC should remove all the loopholes arising out of different types of personal laws by simplifying the code and offering a coherent legal system.

It is only with the change in the social climate of the country that its elite and politicians have room to awaken their masses to the benefits of social reforms. It is rarely without risk. A one-size-fits-all approach may work for countries like Italy, the US and the UK, but it remains to be seen whether centrist policies like the UCC will work in a country as diverse in its practices as India.

Successful enforcement of the UCC may be less of a challenge than drafting its details at this time. It may help to examine the issue from a different perspective and address it in a step-by-step manner.

Trisha Shreyashi is an advocate.