History of Uniform Civil Code Debate in India

India’s debate on the Uniform Civil Code (UCC) has been contentious, with proponents arguing it would replace religious and customary laws, while opponents question its necessity and potential to destroy India’s diversity. Prime Minister Narendra Modi’s call for a UCC was triggered by the conservative Hindu nationalist BJP, which has been campaigning for it since the 1980s. The complexity of India’s religious and tribal identities complicates the process.

Pre Independence(Colonial Era)

The debate for a uniform civil code dates back to the colonial period in India. It had no uniformity in its application at lower courts due to the diversity of the local cultures of Muslims in different parts of India.

Even though some communities converted to Islam, the local indigenous culture continued to be dominant in their practice of Islam and therefore the application of Sharia Law was not uniform across the country.

Post colonial era (1947-1985)

During the constitution drafting, prominent leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a uniform civil code. However, they included the Universal Civil Code (UCC) in the Directive Principles of State Policy (DPSP, Article 44) due to opposition from religious fundamentalists and a lack of awareness among the masses. This decision was made due to resistance from religious conservatives and a general lack of awareness at the time.

Hindu Code Bill

Dr. B.R. Ambedkar’s Hindu code bill aimed to reform Hindu laws, including legalizing divorce, opposing polygamy, and giving inheritance rights to daughters. Despite opposition, a diluted version was passed in 1956. Jawaharlal Nehru and women members opposed a uniform civil code, leading to a lesser version passed in 1956.

Hindu Succession Act

The Hindu Succession Act, 1956, was a law in India that aimed to amend and secularize the law relating to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs. It established a uniform and comprehensive system of inheritance and succession, abolishing the limited estate of Hindu women and giving them full power to deal with and dispose of property by will.

The Hindu Succession (Amendment) Act, 2005, amended the Act, revising rules giving daughters equal rights with sons and subjecting them to the same liabilities and disabilities. This amendment aimed to further equal rights between Hindu males and females in society.

Hindu Marriage Act

The Hindu Marriage Act, enacted in 1955, was part of the Hindu Code Bills, aimed at amending and codifying marriage laws among Hindus and others. It also included separation and divorce, which were also part of Sastrik Law. This act brought uniformity of law for all sections of Hindus, addressing the issue of religion-specific civil codes that govern adherents of certain other religions.

Minority and Guardianship Act

The Hindu Minority and Guardianship Act, established in 1956, modernizes Hindu legal traditions by adding an addendum to the 1890 Guardians and Wards Act. It applies to all Hindus, including those following Hindu religions, Buddhism, Sikhism, and Jainism, and supersedes all other relevant laws, making any inconsistent law legally void.

Adoptions and Maintenance Act

The Hindu Adoptions and Maintenance Act (HAMA) was enacted in 1956 to standardize Hindu legal traditions. It outlines the process of adopting children by Hindu adults and the legal obligations of a Hindu to provide maintenance to family members. Adoptions are only allowed by Hindus, and the amount of maintenance awarded depends on factors like position, number of persons, and claimant’s estate.

Special Marriage Act

The Special Marriage Act, 1954 is a law in India that allows civil marriage for Indian nationals and foreign nationals, regardless of religion or faith. The act originated from a late 19th-century legislation proposal and is governed by personal laws. The marriage is a civil contract, with no need for rites or wedding ceremonies.

Parties must file a Notice of Intended Marriage, have resided in the district for at least thirty days, and have a thirty-day waiting period before being solemnized. The marriage is solemnized by each party declaring themselves as lawful spouses or husbands. The marriage is governed by the Indian Succession Act, but if the parties are Hindu, Buddhist, Sikh, or Jain, the Hindu succession Act applies.

Shah Bano Case

In 1978, Shah Bano filed a maintenance petition against her divorced husband, Mohammed Ahmad Khan. Khan argued that the Muslim Personal Law only required maintenance for the iddat period after divorce. The Supreme Court upheld the High Court’s decision, increasing the maintenance sum. Section 125 aims to provide a quick remedy for those unable to maintain themselves.

Daniel Latifi Case

The Danial Latifi case in India involved a legal battle over maintenance for divorced Muslim women. The case highlighted the tension between Muslim personal law and secular Indian law, which was seen as insufficiently protective of women’s rights. The Supreme Court ruled in favor of Shah Bano, granting her maintenance under Section 125 of the Criminal Procedure Code. However, this decision sparked controversy, leading to the Muslim Women (Protection of Rights on Divorce) Act, 1986, which limited maintenance provided to Muslim women.

Sarla Mudgal Case

Sarla Mudgal is a 1995 Supreme Court case that ruled against solemnizing a second marriage by conversion to Islam, citing Article 44 of the Indian Constitution. The case questioned bigamy and the conflict between personal laws on marriage matters. The court ruled that the first marriage must be dissolved under the Hindu Marriage Act, 1955, and the second marriage illegal under Section 494 of the Indian Penal Code.

John Vallamattom Case

The John Vallamattam case involved a Roman Catholic Priest and Christian citizen challenging Section 118 of the Indian Succession Act, 1925, as unconstitutional under Article 32 of the Indian Constitution. The Chief Justice ruled that Section 118 only restricted Indian Christians, violating Article 14.

Uniform Civil Code: The Uniform Civil Code (UCC) is a proposal in India to create and implement personal laws that apply equally to all citizens, regardless of religion, gender, or sexual orientation. The Uniform Civil Code (UCC) aims to replace existing laws that apply to different communities, which are currently inconsistent with each other. These laws, such as the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, and Parsi Marriage and Divorce Act, would be replaced by a single set of laws applicable to all citizens, ensuring uniformity.

Uniform Civil Code emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The bill was proposed twice but was withdrawn without introduction in parliament. Opposition parties and BJP allies from the NDA have opposed the UCC, claiming it will end special privileges of tribal communities.

In this article, you will read about the Uniform Civil Code in India, its history, arguments in favor of UCC, arguments against UCC, and challenges while implementing it.