Uniform Civil Code: Election Promise or Practically Implementable Idea?

The Law Commission of India has recently reopened discussions on the Uniform Civil Code (UCC), a topic that has been a subject of debate for many years. This move comes after a consultation paper in 2018 stated that a UCC was not necessary or desirable at that time. The 22nd Law Commission, under the leadership of former Karnataka High Court Chief Justice Ritu Raj Awasthi, is seeking public input and suggestions on the matter.

Here's everything you need to know about the Uniform Civil Code in India:

“Since more than three years have been lapsed from the date of issuance of the said Consultation Paper, bearing in mind the relevance and importance of the subject and also the various Court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject,” stated the public notice, issued by the Commission, headed by former Karnataka high court chief justice Ritu Raj Awasthi.

Understanding Uniform Civil Code (UCC)

A Uniform Civil Code refers to a common set of laws that govern personal matters such as marriage, divorce, adoption, inheritance, and succession for all citizens of India, regardless of their religion. Currently, different laws regulate these aspects for adherents of different religions. The purpose of a UCC is to eliminate the inconsistencies and inequalities arising from these diverse personal laws.

Article 44 of the Indian Constitution, a Directive Principle of State Policy, calls for the state to strive to establish a uniform civil code throughout India. However, directive principles are not legally enforceable by courts.

The Supreme Court of India has emphasized the need for a UCC in various cases, such as the Shah Bano Case in 1985 and the Sarla Mudgal Case in 1995. However, subsequent court orders clarified that the court did not issue a directive to enact a UCC.

Famous Cases: Shah Bano and Sarla Mudgal

The Shah Bano Case (1985) dealt with the maintenance issue for Muslim women. The Supreme Court called it a "matter of regret" that Article 44 of the Constitution, which advocates for a uniform civil code, had remained a "dead letter."

The court stated that a common civil code would help promote national integration by removing conflicting ideologies in various personal laws. However, the court did not issue a direct mandate for implementing a UCC.

In the Sarla Mudgal Case (1995), which addressed issues of bigamy and conflicts between personal laws in matters of marriage, the court once again highlighted the need for a UCC. It requested the Prime Minister to reconsider Article 44 and strive to secure a uniform civil code for all citizens. However, the court clarified that it did not issue a specific direction to the government for enacting a uniform civil code.

Recent Developments:

In 2018, the 21st Law Commission, led by former Supreme Court judge BS Chauhan, published a consultation paper on family law reform. The paper concluded that a UCC was not necessary or desirable at that stage. However, the 22nd Law Commission has now decided to reexamine the subject, considering its relevance and the various court orders on the matter.

The 22nd Law Commission has solicited views and suggestions on the UCC from the public and recognized religious organizations. The Commission has invited interested individuals and organizations to present their perspectives within a 30-day period. This initiative aims to gather a comprehensive understanding of the opinions surrounding the implementation of a UCC.

UCC & Elections:

Implementing a Uniform Civil Code has been part of the Bharatiya Janata Party's (BJP) election manifestos. Some states, like Uttarakhand, have initiated the process of formulating their own common codes. The BJP had also promised a uniform civil code in Karnataka before the recent assembly elections. The party views a UCC as a means to bring different communities onto a common platform and ensure a uniform legal regime.

The Union government has expressed the view that personal laws based on religion hinder national unity, but it has emphasized that the decision to adopt a UCC rests with the elected representatives and the legislature rather than the courts.

Congress general secretary Jairam Ramesh expressed concerns about the commission revisiting the UCC issue, stating that the previous commission had already examined it in 2018 and concluded that a UCC was not necessary or desirable. Ramesh emphasized the importance of celebrating diversity while protecting weaker sections of society.