India is a place known for its diversities in every aspect and a uniform civil code is a need for the country like India.The advocates of uniform civil code have been advocating for UCC even before Indian Independence but even after so many years of adopting the Indian Constitution, the UC code has not been implemented. However, before stating the reasons for the need of uniform civil code it is important to know in details what is Uniform Civil code and its progression. What is Uniform Civil Code? The Article 44 of Indian Constitution deals with Uniform Civil Code, which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” It comes under the broad heading of Directive Principles of State Policy, which are guidelines made for both the central and the state government that needs to be kept in mind while framing any policy or law. The uniform civil code comes under DPSP, which refers to the concept of an underlying civil law code in India. A uniform civil code governs the set of secular civil laws to govern all people irrespective of their religion, caste and tribe. This surpasses the right of citizens to be governed under different personal laws based on their religion or caste or tribe. The first ever case that brought uniform civil code into lime light was the famous Shah Bano Begum vs. Mohammad Ahmed Khan in the year 1985. In this case is popularly known as the Shah Bano Begum, which was a milestone where a destitute Muslim woman claimed for maintenance from her husband, Mohammad Ahmed Khan and started the political combat over personal law. Shah Bano was a 60-year-old woman, who was divorced by her husband as per Muslim personal law and she went to the court asking for maintenance from her husband under section 125 of the Criminal Procedure Code. The court finally gave the verdict in her favour and Shah Bano was entitled to maintenance from her ex-husband under Section 125 of the Criminal Procedure Code with a maximum maintenance of Rs. 500 as given to any other Indian woman. The judgment was not the first one granting a divorced Muslim woman maintenance under Section 125, however this particular case made a vociferous on the accepted belief deemed the verdict an attack on Islam. This particular case made a huge impact on the Muslim personal law and very soon in the 1986, Muslim Women Protection of Rights on Divorce Act was enacted. But one of the most controversial provision which was incorporated was it gave a Muslim woman the right to maintenance for the period of iddat (about three months) after the divorce, and shifted the onus of maintaining her to her relatives or the Wakf Board. The Act was seen as discriminatory as it denied divorced Muslim women the right to basic maintenance which women of other faiths had recourse to under secular law. The Take of Supreme Court on Uniform Civil Code In a recent case concerning whether a Christian has the right to donate property to a charity, the court lamented the fact that the state had not yet put into practice a uniform civil code. This is not the first time that the apex court has expressed its favor of a uniform civil code or taken a not bright view of the government's and legislature's incapability to bring it into being. There have been other cases such as the Shah Bano case and later in the Sarla Mudgal case, where too the apex court has come out strongly in favor of the enactment of a uniform civil code. However, none of these comments are binding on the executive or the legislature and do not amount to orders. At best, they exert some moral pressure on the Indian state to move towards formulating a uniform civil code. The reason that prevented Uniform Civil Code from coming into force As Uniform Civil Code involves a change in laws, an understandable precondition is sufficient support for the move within Parliament. The reason this has been difficult to achieve has been because most parties have held the view that the reform of laws pertaining to the personal domain is better done by pressure for such change from within communities rather than as an imposition from above. Further, for historical reasons, the demand for a uniform civil code has acquired communal overtones which have overshadowed the innate merits of the proposal. To put the delay in perspective, however, it should be added that Article 44 of the Constitution is by no means the only directive principle to have not been implemented more than half a century after it was laid down. Most directive principles continue to remain pious doctrines rather than the law of the land. Reasons for the need of Uniform Civil Code There have been long debates and battles for Uniform Civil Code but even after so many years of India’s Independence, it has not come into force. It has just remained as one of the Directive Principles of State Policy in Indian Constitution. Although, we have discussed the reasons that have been preventing it from coming into being; however, instead of focusing on the reasons that prevented it, let’s focus on why we need it. Some of the reasons for it include: For Integration of the whole country : The fact that India is a diverse country, integration is very important to keep the country intact and this can be done only with uniform civil code. A lot of the hostility is caused by favored treatment by the law of certain religious communities and this can be kept away by a uniform civil code. It will help in bringing every Indian, irrespective of theirs caste, religion or tribe, under one national civil code of conduct. Every modern nation has it : A uniform civil code is the sign of modern progressive nation and it is a sign that the nation has moved away from caste and religious politics. While India’s economic growth has been the highest in the world, but social growth has not taken place. In fact it might be right to say that socially and culturally India have degraded to a point where Indians 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. For promoting actual secularism : Secularism is what India is well-known for and is the only nation in the World that has so much of religious tolerance and every religion is respected equally. However, in recent times, it is seen that India has discerning secularism i.e. in some aspect it is still secular and in some it is not. 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. For shunning discrimination : The personal laws of India are the most discriminating laws that bring inequality among the fellow citizens. Moreover, the personal laws like laws related to inheritance, maintenance, marriage and divorce, etc., is a major discriminating factor that affects the national integration. However, with Uniform civil code, these inequalities can be shunned and where all Indians will be treated equally and help in maintaining the national integration. Help in empowering women : A uniform civil code will also help in improving the condition of women in India. Our society is extremely patriarchal as well as misogynistic and by allowing old religious rules to continue to govern the family life we are condemning all Indian women to subjugation and mistreatment. A uniform civil code will help in changing these age old traditions that have no place in today’s society where we do understand that women should be treated fairly and given equal rights. Help in covering the loop hole in personal laws : The various personal laws are basically a loop hole to be exploited by those who have the power. Our panchayats continue to give judgments that are against our constitution and we don’t do anything about it. Human rights are violated through honor killings and female foeticide throughout our country. By allowing personal laws we have constituted an alternate judicial system that still operates on thousands of years old values. A uniform civil code would change that. Help in eliminating vote bank politics : A uniform civil code will also help in eliminating vote bank politics that most political parties pander to during every election. If all religions are covered under one law, the politicians will have less to offer to certain minorities in exchange of their vote. Not having a uniform civil code is detrimental to true democracy and that has to change. Besides these reasons regarding the need of Uniform Civil Code is one thing that is needed for India at the present condition. According to me it is high time to implement it in reality than just debating and combating for it. What is your take on this?
