This article has been written by Ms. Aditi Mishra, a 4th Year B.Com. LLB (Hons.) student from Institute of Law, Nirma University.
Introduction
According to the Uniform Civil Code (UCC), all religious groups in India should be subject to the same laws for things like marriage, divorce, inheritance, and adoption. Article 44 of the Constitution, which mandates that the state work to create a Uniform Civil Code for citizens across all of India’s territory, enshrines the legislation.
To promote women’s equality and secularism, women activists first called for the adoption of the UCC around the start of the 20th century. The Uniform Civil Code has been a point of debate for many years. As a political weapon for use in elections, it has also been created, although paradoxically, no government has tried to embrace it.
Given the subject, political and theological differences have always been raised in the UCC debate. Gender equality, women’s empowerment, and social development for all classes of people are UCC’s three main objectives, none of which have ever been stated. Personal laws were previously passed based on the requirements of the period, and those laws haven’t altered since their inception. The idea of introducing UCC is a perfect illustration of how we need to adapt the laws to reflect the development of the country as society and the socioeconomic condition change.
Uniform Civil Code And Gender Parity
The discussion around UCC’s implementation has a community focus, which has obscured the benefits and usefulness of the initiative. All faiths place a premium on religious belief, but it serves society’s best interests when such conviction becomes dogmatic. By promoting the development of common personal law, the implementation of the Uniform Civil Code would turn India into a modern, progressive country devoid of any type of discrimination based on religion, race, caste, gender, or place of birth. Throughout the beginning of time, women have ruled over men. Women still experience some forms of prejudice in religious settings. Different religious concerns often suppress and restrict women.
The creation of a single civil code and the issue of gender justice are intertwined from a sociolegal perspective in India. No matter how necessary and significant it is, the state’s political-legal position over its execution is subject to intense legal review. On the other hand, a variety of contemporary issues, including religion, secularism, and freedom, are intertwined with the fundamental issue of preserving women’s justice and equality. One cannot, however, ignore the important issue while constantly harping on other, seemingly unconnected issues. In this way, gender issues must be handled properly. This research tries to draw a link between the adoption of universal civil codes over all of India’s territory and concerns of gender justice and equality.
It is crucial for women to be empowered in key areas such social standing, gender discrimination, health, security, and empowerment. According to Article 44, the state must acquire a uniform civil code for all Indian citizens. There is a uniform criminal code but no uniform civil code in India. Everyone is subject to the same criminal law, regardless of their religious identity. Unfortunately, there is no standardization when it comes to civil law, especially when it comes to personal laws.
Hindus, Muslims, and Christians, among others, are governed by various marriage, divorce, support, guardianship, and succession laws that range from one faith to the next. Now is the moment to examine all personal laws in light of the several rulings from India’s Supreme Court that have recommended to the Central Government the formation of a Uniform Civil Code. National integration will benefit from a single civil code. A universal or common civil code, in my honest view, can only be achieved if governments make gender justice their top priority.
Hindus’ private affairs are governed by the Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, the Hindu Minority and Guardianship Act of 1956, and the Hindu Adoption and Maintenance Act of 1956.
The Shariat Act of 1937, the Dissolution of Muslim Marriage Act of 1939, and the Muslim Women (Protection of Rights on Divorce) Act of 1986, all of which are founded on the teachings of the Holy Quran, all regulate the personal matters of Muslims.
In a similar vein, Indian Christians are governed under the Indian Christian Marriage Act 1989, the Indian Divorce Act 1969, and the Cochin Christian Succession Act 1921. Laws that apply to other people do not apply to Parsis. As a result, it is clear that no personal law is consistent since it accords different rights based on gender and religion.
Judicial Pronouncements
The Supreme Court originally instructed the Parliament to formulate a UCC in the Mahommed Ahmed Khan vs. Shah Bano case, also known as the Shah Bano Case, in the year 1985. In this instance, after receiving triple talaq from her husband, a penniless Muslim lady sued him for support under Section 125 of the Code of Criminal Procedure. According to Section 125, the Muslim woman has a right to receive support from her husband, according to the Supreme Court. The Court continued by stating that if the Constitution is to have any value, “a UCC will aid national unification by eliminating unequal allegiance to laws which have opposing philosophies.” Chief Justice of India Y.V. Chandrachud said, “ A common civil code will help the cause of national integration by removing disparate loyalties to the law which have conflicting ideologies”
In the second case, Sarla Mudgal v. Union of India, the Supreme Court once more instructed the government to abide with Article 44. In this instance, the issue was whether a Hindu spouse who had been wed according to Hindu law may enter into a second marriage after converting to Islam. The Hindu Marriage Act of 1955’s reasons are the only ones that can be used to dissolve a Hindu marriage that has been solemnized according to Hindu law, the court said. The Hindu marriage would not be dissolved by itself under the Act if the individual converted to Islam and remarried. Thus, it would be wrong to have a second marriage that was solemnized after converting to Islam. Supreme Court also opined that Article 44 has to be retrieved from the cold storage where it is lying since 1949. The Hon’ble Justice referred to the codification of the Hindu personal law and held, “Where more than 80 percent of the citizens have already been brought under the codified personal law there is no justification whatsoever to keep in abeyance, any more, the introduction of the ‘uniform civil code’ for all the citizens in the territory of India.”
Again expressing its disappointment over the lack of a UCC in 2019, the Supreme Court bench led by Justice Aniruddha Bose stated the following in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira: “Whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard.”
Conclusion
Our constitutional freedom is based on the rights to religious freedom and equality, but the existence of personal laws has eliminated that freedom for most people, especially women. As the history of India has shown, evaluating the position of women has been a continual process with ups and downs. Religious law or personal rules that have governed our social and cultural practices are the primary causes of the imbalance in the position and status of women. Islam, Christianity, the Parsi religion, and other faiths all have their own sets of rules that regulate daily life and society as a whole. The areas to where the personal law operates are inheritance or property rights, divorce, marriage, adoption, guardianship, etc.
Hindus, Muslims, Christians, and other religions all have various personal laws covering marriage, divorce, maintenance, guardianship, and succession. As women’s place in society is formed by these connections, the area of personal laws is a crucial area of intervention for them since it helps to establish their rights. These personal laws developed in response to the sociopolitical and theological demands of the day, and although coming from a variety of religious backgrounds and sources, they all contain patriarchal principles. The lives of women are governed by these normative standards, with which they contend daily.
UCC’s establishment will promote a feeling of unity across the country. People will be united by the spirit of equality that permeates the whole nation, regardless of geography or place of worship. Also, all religious practices like marriage, succession, divorce, and other similar practices will be uniform, making India entirely secular in practice. Secular India would promote religious freedom while balancing national unity and interest. UCC will clear the way for gender parity and defend the basic interests and rights of women in the nation. In addition, harmful behaviors towards women in all religions will be investigated and eliminated.
All orthodox practices and dogmatic beliefs held in the name of religion will be abolished by UCC. The judiciary will also have less work to do as a result. Personal laws from distinct communities add unnecessary burden to the judicial system. Unified law will thereby lead to less confusion and a quicker settlement of legal conflicts affecting personal matters. In religious minority societies, there is a fierce conflict between the idea of collective rights and the desire for individual rights. The best safeguard for preserving the nation’s prevailing heterogeneity was argued to be group rights. Yet, the collective privileges provided to religious groups have frequently come at the expense of the community’s individual members.
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