Uniform Code ensures constitutional equality

Prime Minister Narendra Modi-led Union government has brought social reforms for all people irrespective of religion, caste, creed and region, bringing peace, order and development in the country.

In our country, there are two kinds of laws exists i.e. One “Public Laws’ applicable to all the citizens of the country equally without any distinction and discrimination, such as. Indiana Penal Code, Evidence Act, Income tax Act and other financial or economic laws etc. and two, “ Personal Laws “ which are not uniformly applicable to all the people in the country, but applicable for the specific religion exclusively. In general, Personal Laws come in to force by customs, culture and traditions with in the ambit of the religious considerations. In our Nation, Hindu Personal Law and Muslim Personal Law have been in existence and these Personal Laws deal with mattress pertaining to Marriage, Divorce, Adoption, Maintenance, Inheritance etc. within a community of the particular religion that either Hindu or Muslim.

Uniform Civil Code means secular personal laws of citizens apply on all the citizens equally regardless of their religion for common marriage, divorce, maintenance, adoption etc. The basic idea of introducing the Uniform Civil Code is to bring formal equality among all the citizens residing within the country, as possessing the different personal laws goes against the right of equality as enshrined in Article 14 of the Constitution. Hence, Uniform Civil Code incorporated in Article 44 of the Constitution for the citizens of the country as the Fundamental Directives stated that, “The Government shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” There is a big question in the mind of the general public about “why UCC inserted in Directive Principle of State instead of Fundamental Rights? As evident from the Constitution Assembly debates, all the communities of the religions, especially minorities were not comfortable with losing personal laws in favour of Secular Laws at the time of formation of the Constitution though Dr B R Ambedkar. Hence, responsibility was transferred to the future generation to implement the UCC when the time is right.

It has to be noticed that Uniform Civil Code has been implemented exclusively in the State of Goa as per Portuguese Civil Code provisions. When there was an attempt to implement the personal laws on religion basis in 1981 by the Union government in Goa, both youth and Muslim women wings in Goa resisted. In 2019, the Honourable Supreme court, in its judgement on ‘Jose Paulo Coutinho,’ referred to Goa as the ‘Shining Example of UCC.’ But it has its own share of issues that needs to consider the important point that it is blamed to be deeply discriminatory toward the already marginalised genders, sexualities and religions. While a husband can seek divorce if his wife commits adultery, a wife can only seek such relief if the husband commits adultery with ‘Public Scandal.’ Hence, Goa Civil Code also has discrimination on women rights that needs to be ended.

When we speak about Uniform Civil Code, the most important case study of Shah Bano Begum case is necessary. Shah Bano Begum, 62, filed a petition in court demanding maintenance under 125 CrPC from her husband Mohamood Ahmad Khan, a renowned advocate in Indore. He had granted her irrevocable triple talaq after 40 years of his marriage life. Shah Bano Begum was granted maintenance by the verdict of a local court in 1980. Later on the Supreme Court also gave verdict in favour of Shah Bano Begum in 1985 under the “maintenance of wives, children and parents” as per the provision in Section 125 of CrPC, which applies to all citizens irrespective of religion. As per the comments by the judges in this case, it is further recommended that a Uniform Civil Code shall be brought into existence. The Shah Bano case soon became a political issue and a widely debated controversy. The All India Muslim Personal Law Board defended the application of Personal Law which is based on Sharia Law and denied divorced Muslim women the right to alimony. At this juncture, The Muslim Women (Protection of Rights of Divorce ) Act 1986, was passed by the Rajiv Gandhi Government, which made Section 125 of CrPC inapplicable to Muslim women, which meant that the reversal of the Supreme Court judgement on Shah Bano Begum. That day was Black Day for Muslim women.

Primary aim of the Union Civil Code is removing the disparities in the legal practices based on the spirit of ‘One Nation – One Law’ applicable equally. Till the enactment on the triple talaq by the Union government, it adversely impacted the Muslim women’s lives miserably. A Muslim man can opt for talaq system and he could also use common laws of the country pertaining to their civil or criminal violations either in the capacity of victim or perpetrator. Hence, Muslims haven’t been following absolutely their religion laws. Whenever anybody raises these discrepancies, immediately pseudo-seculars attack emotionally by alleging that rights of the people are infringed.

Now, the attempt of introducing Uniform Civil Code makes the laws of our country equally applicable to all living in the country equally. While drafting the Constitution, the Constitution Assembly also opined that the Uniform Civil Code is required to reconcile conflicts in personal /family laws with the Indian Constitution. At that time all the communities, especially minorities, were not comfortable with losing personal laws in favour of secular laws at the time of formation of the Constitution. Hence, that responsibility was transferred to the future generation to implement the UCC when the time is right. How to make that happen? Personal Laws are in 7th Schedule of the Concurrent List of the Constitution. Hence, both Centre and States shall enact the law to get the UCC in force.