UNIFORM CIVIL CODE

Polity

MEANING OF UCC

Uniform Civil Code means a single, common law for all citizens of India in matters such as marriage, divorce, adoption, inheritance and custody. It proposes replacing religion‑based personal laws with one unified framework applicable to all.

CONSTITUENT ASSEMBLY DEBATES
• Minority members like Pocker Sahib Bahadur and Ismail Saheb opposed UCC, arguing it would violate freedom of religion and create disharmony.  
• Leaders like K.M. Munshi and Alladi Krishnaswamy strongly supported UCC for strengthening national unity and equality.  
• Goa’s civil code (from Portuguese rule) is often cited as an Indian example, but it is not a pure UCC due to provisions such as:  
  – Catholic marriages need only Church signature; others require a marriage deed.  
  – Husband may divorce for adultery; wife only when husband keeps a mistress in the same house.

CONSTITUTIONAL BASIS
• Article 44: “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.”  
• It is a Directive Principle—non‑justiciable but guides governance.

AIMS OF UCC
• Establish equality and remove discrimination across religions.  
• Eliminate patriarchal personal laws and strengthen women’s rights.  
• Simplify India’s legal system by codifying and unifying civil laws.  
• Strengthen secularism by delinking religion from civil matters.  
• Promote national integration through common personal laws.

SUPREME COURT ON UCC
• Shah Bano Case (1985): SC granted maintenance to a Muslim woman under CrPC 125, but Parliament reversed the ruling through the Muslim Women (Protection of Rights on Divorce) Act, 1986.  
• Shayara Bano Case (2017): SC struck down Triple Talaq as unconstitutional.  
• Sarla Mudgal Case: SC emphasised the need for UCC to prevent misuse of religious conversion for bigamy.  
• José Paulo Coutinho Case (2019): SC praised Goa’s civil code and criticised government inaction on UCC.

CHALLENGES IN IMPLEMENTING UCC
• Vast diversity of customs and personal laws makes standardisation complex.  
• Misconceptions—especially among minorities—associate UCC with religious interference.  
• Perceived conflict with Articles 25 & 26 (religious freedom).  
• Resistance from conservative religious groups.  
• Lack of political will due to fear of backlash.  
• Minorities fear UCC may impose majority‑centric norms.

LAW COMMISSION’S VIEW
• A UCC is “neither necessary nor desirable at this stage.”  
• Reform discriminatory provisions *within* personal laws instead of replacing them.

KEY SUGGESTIONS BY LAW COMMISSION
1. Compulsory marriage registration (through Birth & Death Registration Act amendment).  
2. Uniform marriage age: 18 years for all genders.  
3. Community property model: Both spouses share marital property, with court discretion during divorce.  
4. Remove 30‑day notice requirement under Special Marriage Act to prevent harassment of inter‑faith couples.  
5. Bigamy after conversion should be void, but children should be legitimate.

REFORMS SUGGESTED IN SPECIFIC PERSONAL LAWS
• **Muslim Law**:  
  – Codification of inheritance law for clarity.  
  – Add adultery as a divorce ground for women.  
  – Nikahnama should clarify polygamy as an offence (SC still considering matter).  

• **Christian Law**:  
  – Reduce the long two‑year separation requirement before divorce.  

• **Parsi Law**:  
  – Remove social consequences for marrying outside the community.  

• **Hindu Law**:  
  – Equal guardianship rights for both parents under Hindu Minority and Guardianship Act.  
  – Reform inheritance rules so that married women and men have equal intestate rights.

UNIFORM CIVIL CODE IN GOA
• Goa inherited the Portuguese Civil Code (not a perfect UCC).  
• Applied uniformly with limited exceptions, making Goa the only Indian state with a unified civil law framework.

POSITIVES OF UCC
• Promotes equality and secularism.  
• Strengthens women’s rights by eliminating discriminatory personal laws.  
• Simplifies legal procedures and reduces judicial burden.  
• Prevents exploitation through misuse of personal law loopholes.  
• Encourages national integration by giving all citizens equal civil rights.  
• Supports progressive societal reforms by challenging patriarchal norms.

NEGATIVES OF UCC
• India’s cultural diversity makes uniformity difficult and potentially insensitive.  
• May generate fears among minorities and disrupt communal harmony.  
• Could conflict with religious freedom under Articles 25–26.  
• Risks imposing majority norms on minority practices.  
• Harmonisation, not uniformity, may be more appropriate in a plural society.

CONCLUSION
UCC remains a debated but significant reform idea. While its goals—equality, gender justice and legal clarity—are essential, its implementation requires trust‑building, extensive consultations, and a gradual harmonisation of laws rather than forced uniformity. A balanced approach can protect diversity while advancing constitutional values of equality and secularism.

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