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Article on Uniform Civil Code

 ARTICLE ON UNIFORM CIVIL CODE

By P.Hema

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”. The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set government every citizen.

In the landmark judgment of Mohd. Ahmed Khan v. Shah Bano Begum and others case, the Supreme Court dealt with the issue of maintenance under Section 125 of the Code of Criminal Procedure after Shah Bano’s husband pronounced talaq against her. While ruling on the case, Chief Justice YV Chandrachud observed that the Parliament should outline the contours of a common civil code as it is an instrument that facilitates national harmony and equality before law. Despite this, the government did not address the issue and brought forth the Muslim Women’s Protection of Rights on Divorce Act in 1986.

Some of the laws that were passed to bring about religious stability and gender equality are as follows:

  • Indian Succession Act, 1865.

  • The Indian Marriage Act, 1864.

  • Hindu Widow Remarriage Act, 1856.

  • Married Women’s Property Act of 1923.

  • Hindu Inheritance (Removal of Disabilities) Act, 1928.

Laws that apply to a certain group of people based on their religion, caste, faith and belief made after due consideration of customs and religious texts. 

Bringing the UCC would help and reduce many technicalities and loopholes in existing personal laws, it was an aspiration of our Constitution makers. The government must draft a Common Civil Code with view of all minorities and their best interests in mind. A set of steady reforms is the must. The government must implement the Uniform Civil Code in the true spirit of Article 44 of the India Constitution. 
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