UCC key to national integration

Context: Former Chief Justice of India Ranjan Gogoi called the proposed Uniform
Civil Code (UCC) a “very important” step towards national integration and
social justice, stressing the need to build consensus before its
implementation. If implemented, UCC would establish a single set of personal
laws for all citizens, regardless of their faith. It would apply to matters
like marriage, divorce, adoption, inheritance and maintenance. According to
Gogoi, the UCC has nothing to do with religion. Even the Supreme Court, in five
matters, starting with the Shah Bano case, concerning the right of Muslim women
to seek maintenance.

Key points

·       Overview: Article 44,
enshrined in Part IV of the Indian Constitution, recognises the need for a UCC,
but it is not mandatory and is left to the government's discretion. The demand
for a uniform civil code in India is contentious; supporters argue it promotes
equality and secularism, while opponents believe it undermines minority rights
and religious practices.

·       Uniform
Civil Code: The Uniform Civil Code seeks to create a common civil law that applies
to all citizens equally, unlike the current system where religious communities
follow their respective personal laws on matters like marriage, divorce, and
inheritance.

·       Present
Status of the Civil Laws: Hindu Personal Laws - It is codified in four
Acts, The Hindu Marriage Act, 1955. Hindu Succession Act, 1956. Hindu Minority
and Guardianship Act, 1956, and Hindu Adoptions and Maintenance Act, 1956.

Muslim Personal
Law - It is not codified per se but is based on religious texts, though
certain aspects of these are expressly recognised in India in acts such as the
Muslim Personal Law (Shariat) Application Act, 1937 and Dissolution of Muslim
Marriages Act, 1939.

Christian
Personal Laws - Christian marriages and divorces are governed by the Indian Christian
Marriages Act of 1872.

Exceptions to
Personal Laws - Under Article 371, the Constitution makes certain exceptions to family
law for the states of Assam, Nagaland, Mizoram, etc., to protect distinct
regional identities.

·       Related
SC Judgements: Sarla Mudgal v. Union of India (1995) - This
case involved a Hindu man who converted to Islam to practice polygamy. The
Supreme Court emphasised the need for a UCC to prevent the misuse of personal
laws, stating that such a code would bring clarity and consistency to civil
laws.

Shayara Bano
case (2017) - The Supreme Court declared the practice of instant triple talaq
(talaq-e-biddat) unconstitutional, marking a significant step toward promoting
gender equality.

·       Way
Forward: A balanced approach to implementing a Uniform Civil Code (UCC) involves
gradual reform of personal laws, inclusive consultations, a focus on gender
justice, state-level UCC initiatives, and promoting legal awareness to build
public support.

Ø  Gradual Reform
in Personal Laws - Instead of an abrupt shift to a UCC, gradual
reforms within existing personal laws could be more effective.

Ø  Broad-Based
Consultation - Establishing a UCC requires consultation with all communities to ensure
inclusivity and address concerns related to cultural identity. This approach
could mitigate resistance and increase acceptance.

Ø  Consider
State-Level UCC Initiatives - Allowing states to implement a UCC at the local
level could help gauge its effectiveness and acceptability.