Does Modern India Really Need a Uniform Civil Code? Check out facts here.

Uniform Civil Code finds its mention in Article 44 of the Indian Constitution. It says that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

On November 23, 1948, the Constituent Assembly debated Draft Article 35(now Article 44). The Draft Article directed the State to create a standard civil code across India, as the wording indicated. Conflict arose as a result of the debate over the Draft Article. The majority of the opposition to the Draft Article came from Muslim members who proposed revisions to keep personal laws out of the scope of the Draft Article and to add a provision that the Draft Article could only be implemented with the community's prior consent.

The following arguments were used to oppose the Draft Article: first, that a uniform civil code violated religious freedom; second, that the Draft Article would cause discord within the Muslim community; and third, that it was wrong to interfere with personal law without religious communities' approval.

After the argument, it was clarified that the UCC was nothing new: India already had a uniform civil code. The sole difference between the new UCC and the old one was that it would encompass marriage and inheritance, which were not covered by the old one. It was further pointed out that the UCC was a Directive Principle, meaning that the State was not obligated to put the provision into force right away and that there was time to acquire community approval.

What are Directive Principles Of State Policy?

The Constitution establishes a set of Directive Principles of State Policy that, while not justiciable, are "essential in the governing of the country," and it is the State's responsibility to apply these principles while making legislation. These stipulate that the state shall seek to enhance people's welfare by guaranteeing and protecting, as effectively as possible, a social order in which social, economic, and political fairness will be present in all institutions of national life.

Some of the important directives include providing opportunities and facilities for children to develop healthily; free and compulsory education for all children up to the age of 14; promotion of education and economic interests of scheduled castes, scheduled tribes, and other weaker sections; establishment of village panchayats; separation of judiciary from the executive; and promulgation of the Constitution of India.

What is the ongoing debate on the Uniform Civil Code?

The Supreme Court has spoken on the Uniform Civil Code several times over the years. However, these were only passing comments rather than binding orders, with the court acknowledging that enacting such a code is solely a legislative matter.

The Supreme Court, for example, expressed sorrow in 1985 that Article 44 had remained a "dead letter." It went on to say that "a common civil code will aid the cause of national unification by removing divergent allegiance to laws with opposing philosophies," and that "it is the State's responsibility to ensure a consistent civil code."

It ruled in the Shah Bano case that Section 125(Order for maintenance of wives, children, and parents) of the Code of Criminal Procedure, which deals with maintenance, applies to all citizens, regardless of faith.

By then, the issue had become highly politicized, with then-prime minister Rajiv Gandhi overturning the effect of the Supreme Court decision bypassing the Muslim Women (Protection on Divorce Act), 1986, which limited Muslim women's maintenance to iddat, a period following the dissolution of their marriage during which they are unable to remarry.

Currently, Goa is the only state to have a UCC. “I would invite all those intellectuals to simply come here and see the administration of justice to know what it turns out to be,” Chief Justice of India SA Bobde said during the recent inauguration of the High Court Building in Goa. "Goa has what the constitutional framers envisioned for India — a Uniform Civil Code," he continued, "and I have had the wonderful privilege of dispensing justice under that code."

Ambedkar was a fervent supporter of the UCC throughout his life. Despite the assembly's overwhelming opposition, Ambedkar stood firm in his beliefs. UCC was originally enshrined in Article 35 of the Constitution, but it was later renamed to Article 44. Ambedkar feared that religion's broad authority would prevent the legislature from achieving social justice.

There is no doubting that political will is required for such a law to be implemented. The majority of people in the country support such legislation. When such a common law is enacted, issues such as property ownership, succession, marriage, and divorce could be settled to a large extent. Relaxation of laws for particular groups of people will result in social divisions based on laws. As a result, a common law that applies to all strata of society will be advantageous to Indian society.

This can be accomplished if all parts of the population are persuaded of the significance of such a law, if all political parties work together, and if the government has the political will. In addition, for the creation and execution of such a law, widespread societal awareness and approval from all segments of society are required.