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Uniform Civil Code (UCC): Advantages and Disadvantages

The Uniform Civil Code is the application of one national civil irrespective of their religion. The uniform civil code covers various areas like marriage, divorce, inheritance, and adoption. As these matters are secular in nature they can be enacted through a uniform law. In other words, this can be termed as personal law. Although some are describing this as the government’s infringing on personal freedom, the uniform civil code has certain advantages also.

Table of Contents

Background of UCC

Imagine a diverse tapestry, each thread representing a different community, culture, and belief system woven together in the vibrant fabric of India. Now, envision a painter standing before this canvas, striving to create harmony without erasing individuality. This is the essence of the Uniform Civil Code (UCC) in India.

The UCC seeks to replace personal laws based on the scriptures and customs of each major religious community with a common set governing every citizen. The roots of this idea stretch back to the Indian Constitution, crafted in the wake of independence. The framers envisioned a nation where every citizen, regardless of their faith, would be treated equally under the law.

Post-independence, the debate around the UCC has been like a dialogue between tradition and modernity. On one hand, it champions gender equality and individual rights; on the other, it raises concerns about cultural identity and the preservation of religious practices. The promise of the UCC lies in its potential to unite diverse communities under a single legal framework for marriage, divorce, inheritance, and adoption.

Over the decades, various political and social movements have advocated for its implementation, often highlighting instances of injustice faced by women in specific religious practices. Yet, it remains a contentious issue, evoking strong emotions and differing opinions across the political spectrum.

In this ongoing saga, the UCC symbolizes the quest for a cohesive national identity while respecting the pluralistic nature of Indian society. As debates continue, the challenge remains: how to balance unity and diversity, ensuring justice for all without losing the richness of individual culture.

Our Constitution and Uniform Civil Code

The Indian constitution has a provision for a Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that the state shall endeavor to all citizens a uniform civil code throughout the territory of India.

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Advantages of Uniform Civil Code

Gender Equality

The implementation of a uniform civil code across the nation will enable the abolishment of gender discrimination in the nation. For example, according to various religions, inheritance, marriages, etc are male-dominated. After seven decades of independence also women are battling for equality

A Boost to National Integrity

The formation of UCC will boost national integrity. Even though our country has diverse cultural values, a unified personal law irrespective of gender, caste, creed, etc will boost national unity.

Cornerstone of secularism

The preamble of our constitution clearly states that India is a sovereign, socialist, secular state. But it is high time to think that whether the citizens of India will enjoy real secularism without the implementation of UCC. Even after decades of independence also different personal laws are in existence for different religions.

Social reforms

Once the UCC is formulated across the nation, India will undergo another social reform in this century. For instance, in the Indian context, Muslim women are denied personal laws in relation to marriage, divorce, etc. On the contrary, in various Muslim nations like Pakistan, Bangladesh, Turkey, Morocco, etc women enjoy codified personal laws. So after the implementation of UCC Indian women [especially Muslims, Christians etc] will also enjoy a codified personal law. Therefore, a stepping stone towards another social reform across the country.

Disadvantages of the Uniform Civil Code

UCC is a threat to communal harmony

Potential misunderstandings regarding the Uniform Civil Code created fear among various religions, especially minorities. It is often viewed by many religions that UCC is aimed against their religious customs and values. Before the implementation of UCC, authorities should win the trust of minorities. Otherwise, it will destroy the communal harmony of the nation.

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Government’s interference in Personal freedom

It is often viewed by many that it is the crooked game of the government to interfere in personal freedom of individuals. But Uniform Civil Code is aiming only to protect and safeguard the rights of all citizens.

Not yet the correct time for implementation

The Muslim community is opposing the implementation of the Uniform Civil Code and states that it is not the correct time. Also, they are arguing that the subject should take into consideration along with other recent issues the silence of authorities in relation to the saffronization of schools, beef issues, etc are triggering them and further stating that the overruling of majorities over minorities.

Difficulties due to India’s diversity

The implementation of the Uniform Civil Code is a cumbersome task due to the wide diversity of our nation. Cultural differences from state to state and community to the community are yet another hindrance to a unified personal law.

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Does UCC need to be implemented?

Goa is the only state which implemented UCC prior to 2024. The implementation of the Uniform Civil Code can be considered the need of the hour. Even after years of achieving independence, citizens are not enjoying real freedom yet. The unified personal law cannot be viewed with religious emotion but as the need for the country.

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8 Responses to "Uniform Civil Code (UCC): Advantages and Disadvantages"

Nudrat Farhat says:

16/07/2023 at 10:23 AM

I don’t know whether it is right or wrong but looking at the current scenario government should rather focus on the stability of the country like looking for a solution in Manipur riots and the flood thing. UCC is important but not when it’s motivated politically and government should also look at the consequences like implementing UCC suddenly would result not in secularism but riots.

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Polygamy Matchmaker says:

29/10/2017 at 5:59 PM

do you think Polygamy is a good Idea or should be be outlawed?

Reply
Rahim Khan says:

04/06/2017 at 9:08 AM

Uniform civil code: will it work in India?
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It needs to be asked if it is possible or practicable to reconcile divergent laws and formulate a uniform or common code acceptable to all the communities

Article 44 of the Constitution — which talks of a uniform civil code for all Indians — was the subject of a recent debates.

The main argument of those who spoke in favour of such a code was that it has the potential to unite India because Hindus and Muslims had followed the “common customary Hindu civil code” smoothly till 1937 when “the Muslim League-British combine” divided them by imposing sharia on Muslims through the Muslim Personal Law (Shariat) Application Act.

But only a minuscule minority of Muslims followed Hindu customs before 1937. Even this section had the right under laws such as the Cutchi Memons Act, 1920 and the Mahomedan Inheritance Act (II of 1897) to opt for “Mahomedan Law”. As for a majority of Muslims, there is enough evidence to show they followed Muslim law, not the Hindu civil code.

In 1790, when Governor-General Cornwallis introduced a three-tier court system in Bengal (which was subsequently extended to other parts of India) he included qazis and muftis as “law officers” to assist British judges. The highest criminal court of this system, Sadr Nizamat Adalat, was assisted by the chief qazi of the district and two muftis. In cases pertaining to Muslims it had to apply Islamic law as per the fatwas of these law officers, which were binding on the court. The British judges had to wait till 1817 to overrule the fatwas when a resolution was introduced to repeal their binding character (Rudolph Peters: Crime and Punishment in Islamic Law).

Before Cornwallis, Warren Hastings had decreed in 1772 that in matters of inheritance, marriage and other such religious affairs “the laws of the Koran with respect to the Mahomedans and those of the Shastra with respect to the Gentoos [Hindus] shall be invariably adhered to.” (Richard Shweder & Others: Engaging Cultural Differences). Even when the Indian Penal Code was enacted in 1860, Muslim personal laws were left untouched.

However, these laws were sometimes superseded by antiquated customs that had acquired the force of law. For example, as per prevailing custom, property received by a woman as inheritance or gift was not hers and had to be given back to the heirs of the last male owner [ Muhammad v. Amir (1889) P.R. 31, cited in Mulla, Principles of Mahomedan Law]. As such customs deprived Muslim women of their property rights in Islam, Muslims wanted only Muslim law to be made applicable to them.

Act of 1937

The Shariat Act of 1937 was the result of this demand. It repealed all such provisions in earlier legislation that permitted custom to override ‘Mahomedan law’ in cases where the parties were Muslims. But the British did not impose this Act on all Muslims. It was made applicable (per Section 3) only to those Muslims who declared in writing their intent to come under it. This explodes the myth that it sought to divide Indians on communal lines.

Nevertheless, a comparative study of the personal laws of Hindus, Muslims and other minorities will reveal that the sheer diversity of these laws, coupled with the dogmatic zeal with which they are adhered to, cannot permit uniformity of any sort. In fact, the heterogeneity of Hindu law itself is such that even the possibility of a uniform Hindu code is ruled out.

Talking of marriage alone, under the Hindu Marriage Act, 1955, marriages may be solemnised in accordance with the rites and ceremonies of a variety of people who come under the definition of a Hindu. For instance, according to the saptapadhi form of marriage that is followed mostly in northern India, the marriage is deemed to be complete and binding when the couple take seven steps around the sacred fire.

On the other hand, in the south suyamariyathai and seerthiruththa forms of marriage are followed. Under these, the marriage is valid if the parties to the marriage declare in the presence of relatives that they are marrying each other, or if they garland each other, or put a ring on each other’s fingers or if the bridegroom ties a thali around the neck on the bride.

Rites and ceremonies

Also, for a marriage to be valid under Hindu law it has to be solemnised in accordance with the customary rites and ceremonies of at least one of the parties. Thus, if a Jain marries a Buddhist by performing the rites of a Sikh, the marriage is invalid ( Sakuntala v Nilakantha 1972, Mah LR 31, cited in Family Law by Paras Divan). In Muslim law there are no elaborate rites or ceremonies, but Sunni and Shia practices differ.

It, therefore, needs to be asked if it is possible or practicable to reconcile these divergent laws and formulate a uniform or common code that is acceptable to all communities.

India already has an optional civil code in the form of the Special Marriages Act, 1954. This, read with similar Acts such as the Indian Succession Act, 1925, provides a good legal framework for all matters of marriage, divorce, maintenance and succession for those who may wish to avoid the religion-based laws.

a 1974 government survey shows that Muslims account for 5.6 per cent of all bigamous marriages, whereas upper-caste Hindus account for 5.8 per cent, translating into real numbers as one crore Hindu men and 12 lakh Muslim men. (Agnes, 2015). This does not deny the fact that bigamy/polygamy is morally questionable; the implication is that Muslim marriages are contractual and hence women within the marriages have more rights than a sacramental Hindu marriage.

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1. Rudra Gohil says:
  
  28/06/2023 at 11:47 AM
  
  Am still confused as you are saying that according to UCC muslim women do not get right to the inheritance and property but still you are saying that muslim women have more rights in the end part, I think Muslim women suffer more according to the marriage under muslim act and if they come under UCC then they are well protected isn’t it ?
  
  Reply
  1. Suhaib Ahmad says:
    
    08/07/2023 at 9:42 PM
    
    My question is
    Will liquor banned throughout the India after ucc impose as it is illegal in gujrat Bihar but not rest of india.
    What about khatna, baqreid, langar and bhandaara, kaanwad yatra, cow is eaten in South India, West Bengal, ox is eaten in Mumbai but not in rest of India these are some points to be noted can you please elaborate in hindi
    
    Reply
Subham goyel says:

15/05/2017 at 1:45 AM

Well written!
waiting for more new posts regarding UCC.

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shaana says:

06/05/2017 at 3:30 PM

In conclusion, its not mentioned that its a must.but it is said,need of the hour, means essential for India.Focus on second last and last sentence that gives explanation

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Salmeen Hussain says:

05/05/2017 at 9:01 PM

You are mentioning the disadvantages and disadvantages of UCC. and then in the conclusion, you end by saying that UCC is a must. Please ensure maintaining some fluency in writing articles on the internet.

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