What is uniform civil code?
A uniform civil code means a set of common personal laws for all citizens. Currently, for example, there are different personal laws for Hindus and Muslims. Personal law covers property, marriage and divorce, inheritance and succession.
In India the purpose of Uniform Civil code is to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
Beginning of uniform civil code
The uniform civil code became a flashpoint in Indian politics in 1985 during the Shah Bano case. The Supreme Court had held that Bano, a Muslim woman, should get alimony from her ex-spouse. In the context of that judgment the court had said an uniform civil code is the need of the hour. Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British fearing opposition from community leaders and refrained from further interfering within this domestic setup .
The demand for a uniform civil code was first put forward by women activists in the beginning of the twentieth century, with the objective of women\’s rights, equality and secularism. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows. In 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. 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.
Indian constitution on uniform civil code
The constitution has a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
There are a number of cases where the Supreme Court has referred to Article 44 and the concept of uniform civil code, mainly to highlight the lackluster attitude of the executive and the legislature in the implementation of the directive.
Article 44 of the Constitution calls upon the State to endeavour towards securing a uniform civil code throughout the territory of India. It falls within Part IV of the Constitution titled as Directive Principles of State Policy (DPSP) and understood as exhortations to the State to be kept in mind while governing the country.
Need of uniform civil code
1. It Promotes Real Secularism
What we have right now in India is selective secularism which means that in some areas we are secular and in others we aren’t. A uniform civil code means that all citizens of India have to follow the same laws whether they are Hindus or Muslims or Christians or Sikhs. This sounds fair and secular to me. A uniform civil code doesn’t mean it will limit the freedom of people to follow their religion, it just means that every person will be treated the same. That’s real secularism.
2. All Indians should be Treated Same
Right now we have personal laws based on particular religions, which means that while Muslims can marry multiple times in India, a Hindu or a Christian will be prosecuted for doing the same. This doesn’t seem like equality to me. All the laws related to marriage, inheritance, family, land etc. should be equal for all Indians. This is the only way to ensure that all Indians are treated same.
3. Every Modern Nation has it
A uniform civil code is the sign of modern progressive nation. It is a sign that the nation has moved away from caste and religious politics. In fact it might be right to say that socially and culturally we have degraded to a point where we are neither modern nor traditional. A uniform civil code will help the society move forward and take India towards its goal of becoming a developed nation.
A uniform civil code is of an absolute necessity for individuals belonging to different religions and denominations and it is imperative for the promotion of national unity and solidarity. Thus, divergent religious ideologies must merge and culminate in to common and unified principles and objectives, adhering to the true spirit of secularism. However, after more than 70 years of independence the aspiration of a Uniform Civil Code remains unrealized.
The idea and principle of having a uniform civil code, governing personal laws is to treat every person equally and also so that just, fair and predictable laws protect everyone. Moreover, a uniform civil code would put in place a set of laws that would govern personal matters of all citizens irrespective of religion, which is the cornerstone of secularism. It would enable to put an end to gender discrimination on religious grounds, strengthen the secular fabric and also promote unity.
India has set before itself the ideal of a secular society and in that context achievement of a uniform civil code becomes all the more desirable such a code will do away with diversity in matrimonial laws, simplify the Indian legal system and make Indian society more homogeneous. It will create a national identity and will help in containing fissiparous tendencies in the country .The uniform civil code will contain uniform provisions applicable to every one and based on social justice and gender equality in family matters.
If you have any query related to gender biased laws join Sahodar Whatsapp Groups by sending Whatsapp message “Subscribe” to Sahodar Trust No. 9811850498