What is Uniform Civil Code (UCC) ?

 

What is uniform civil code (UCC) ?

Basically uniform civil is a set of common personal laws for all citizens. All the sections of the society which are from diversified religions shall be treated equally according to a national civil code , which shall be applicable to all the citizens in the country uniformly is known as a uniform civil code.

The uniform civil code is defined in our Indian constitution under article 44 of directive principles of the state policy (DPSP) .

The article 44 of constitution states that 

"the state shall endeavour to secure  for the citizens a uniform civil code throughout the territory of india".

Merits of uniform civil code:

     • All the people in the country will get equal status and there would be no discrimination. There would be common law for everyone.

     • The main merit of UCC is that it will make the dream come true of "one law one nation".

     •  It will prevent the violence against the women and it will protect the women's rights.

     •  It protects the real secularism by giving everyone equal rights and equal law .

      • And having a uniform civil code it is a sign of modern and progressive nation.

Uniform civil code need of the hour.

Most of the developed and developing countries countries have such laws in existence, Uniform Civil Code is followed in many countries such as America, Bangladesh, Malaysia, Turkey, Indonesia, Sudan, Egypt, Pakistan, Ireland, etc . All in these countries there are same laws for everyone there are no other particular laws for any comunity or religion.

Having UCC it indicates that the nation has move far away from the politics of caste and religion . 

Other than India is a developing country  and having the uniform civil code is the need of the hour. India can lead the world , it can be vishwaguru when all the citizens in the country will treated uniformly. 

In India, personal laws are based on religious customs and beliefs and differ for individuals belonging to different religions. Here are the major personal laws followed in India:

1. Hindu Personal Law: Governed by the Hindu Marriage Act, Hindu Succession Act,

and other related legislations, this law applies to Hindus, Sikhs, Jains, and Buddhists.It covers aspects such as marriage, divorce, adoption, inheritance, and maintenance.

2. Muslim Personal Law: Governed by the Muslim Personal Law (Shariat) Application Act, this law applies to Muslims. It covers various aspects such as marriage, divorce, maintenance, and inheritance based on Islamic principles.

3. Christan personal Law: Governed by the Indian Christian Marriage Act, the Divorce Act, and other related laws, this law applies to Christians. It covers marriage, divorce, adoption, and other family-related matters.

4. Parsi Personal Law: Governed by the Parsi Marriage and Divorce Act, this law applies to Parsis (Zoroastrians). It covers marriage, divorce, and inheritance among the Parsi community.

5. Jewish Personal Law: Governed by the Jewish community's religious customs and beliefs, this law applies to the small Jewish community in India. It covers marriage. divorce, and other related matters.

There are also secular laws in India that apply uniformly to all individuals, regardless of their

religion, such as the Special Marriage Act and the Indian Succession Act.

UCC OF GOA CANNOT BE A PAN INDIA LEGISLATION.

Even UCC of Goa is misogynist and patriarchal in nature thus violative of article 14 of the Constitution of India. 

1. Inheritance Rights: The UCC of Goa maintains certain discriminatory provisions concerning inheritance rights. It differentiates between ancestral and self-acquired property, with male heirs having preferential treatment in inheriting ancestral property. This perpetuates the unequal distribution of assets within families and reinforces gender-based disparities.

2. Divorce Provisions: While the UCC in Goa provides grounds for divorce, including cruelty and desertion, it also imposes different standards and conditions for men and women. For instance, the code allows a husband to divorce his wife if she fails to fulfil her conjugal duties, while no such provision exists for women.

If a husband is not able to get a male child from her wife then he can remarry.

How will ucc affect personal laws ?

The implementation of a Uniform Civil Code (UCC) would have an impact on various religious communities in India. If a UCC is enforced, it would be able to fix the minimum legal age for marriage, abolish bigamy and resolve issues around interfaith marriages. Here are some ways it would affect them: Hindu community:

1. Existing laws like the Hindu Marriage Act (1955) and the Hindu Succession Act (1956) would be dissolved and incorporated into the UCC.

2. UCC if implemented, it will impact income tax laws and succession plans.Particularly for Hindu Undivided Families (HUFS).

 3. Another example could be, Section 2(2) of the Hindu Marriage Act says its provisions will not apply to the Scheduled Tribes. Sections 5(5) and 7 of the law state that customary practices will override the provisions. But UCC won't allow all these exceptions.

4. This would lead to standardization and uniformity in marriage, divorce, inheritance, and succession laws for Hindus.

Muslim community: The UCC would replace certain aspects of personal laws that

are currently applicable to Muslims.

 1. Practices such as contract marriage (mutah). Nikah halala, misyar marriage, and polygamy would likely become ineffective if the UCC is implemented.

2. The Muslim Personal (Shariat) Application Act, 1937, states that Shariat or Islamic law will guide marriage, divorce, and maintenance. If the UCC comes in, then the minimum age of marriage under the Shariat law would be changed.

Sikh community: Here is an example 1. The Anand Marriage Act of 1999 governs the marriage laws of Sikhs. However, there is no provision for divorce. Sikh separations are then governed by the Hindu Marriage Act.

2. If the UCC is introduced, a common law for divorce is likely to be applied to all communities, including Sikhs.

Parsi community: 1. Under the Parsi Marriage and Divorce Act, 1936, any woman who marries someone from another religion loses all rights to Parsi rituals and customs, but if UCC comes, this provision will be abolished.

2. The UCC would impact the laws of adoption within the Parsi community. Currently, Parsis do not recognize the rights of adoptive daughters, and adopted sons have limited inheritance rights. The UCC may introduce reforms to address these disparities.

Christian community:

UCC will impact Christian personal law such as inheritance, adoption, and succession, but it is the aspect of marriage and the non-recognition of divorce by the Catholic Church which will need more consideration.

1. Section 10A(1) of the Christian Divorce Law makes the separation period of two years mandatory for any couple to get a mutual divorce, but if UCC comes in, this would be universal. 2. The Succession Act of 1925 gives Christian mothers no right in the property of their deceased kids. All such property is to be inherited by the father. This provision would also be abolished if UCC comes in.

Guardianship and custody: 

The UCC would bring about a common set of laws regarding guardianship and custody for all religious communities. This would ensure uniformity and equality in these matters across the board. It's important to note that the UCC aims to provide a unified legal framework for all citizens, regardless of their religious affiliation, and promote equality and consistency in matters of personal law. However, the specifics of its implementation and potential implications for different religious communities remain subject to debate and discussions.

Case :

1) Mohd. Ahmad Khan v. Shah Bano Begum.         And Ors .

     Decided : 23 April 1985

     Citation :1985 Scr (3) 844) 

     Bench Of Judges: Y.V Chandrachud, D.A.                            Desai, O.Chinnappa Reddy, E.S.                           Venkataramiah, Rangnath Misra.

Introduction :

 

Mohd. Ahmad Khan V/S Shah Bano Begum it is a landmark case which has been dealt with the problem of "Triple Talaq Verdict". Basically this case is normally mentioned as "Shah Bano Case". It is considered to be a very debatable and problematic legal contest in India. This case has substantiated to be a milestone in the struggle of rights, freedom for the Muslim women.

Mohd. Ahmed Khan who was a lawyer by profession, married to Shah Bano Begum

in 1932, had three sons and two daughters from this marriage. In 1975, when Shah Bano's age was 62 years, she was disowned by her spouse and was tossed out from her marital home together with her children. In 1978, she filed an appeal in the presence of Judicial Magistrate of Indore, because she was abandoned from the maintenance of Rs. 200 per month, which was guaranteed to be provided by him. She demanded Rs. 500 per month as maintenance

Subsequently, the husband gave her irrevocable triple talaq on November 6th, 1978, and used it as a defence to not pay maintenance. The magistrate, in August 1979, directed the husband to pay an entirety of Rs 25 per month as maintenance. Shah Bano in July 1908 made a plea to the High Court of M.P, to change the sum of maintenance to Rs. 179 each month, and high court increased the maintenance to the said amount.

The same was challenged by the spouse within the Supreme Court as a special leave

petition to the High court's decision.

JUDGMENT

⚫ The verdict was given by Chief Justice, YC Chandrachud, and the appeal of Mohd. Ahmed Khan was dismissed.

 ● Supreme Court said Section of the code applies to all citizens independent of their religion and consequently Section 125(3) of Code of Criminal Procedure is pertinent to Muslims as well, without any sort of discrimination. The court further stated that Section 125 overrides the personal law if there is any conflict between the two It makes clear that there's no strife between the provisions of Section 125 and those of the Muslim Personal Law on the address of the Muslim husband's obligation to provide maintenance for a divorced wife who is incapable to maintain herself.

 ● Supreme Court in this case duly held that since the obligation of Muslim husband towards her divorced wife is restricted to the degree of "Iddat" period, indeed though this circumstance does not contemplate the rule of law that's said in Section 125 of CrPC, 1973 and subsequently the obligation of the husband to pay maintenance to the wife extends beyond the iddat period in the event that the wife does not have .