About:
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- A single law for the entire country.
- Article 44– state shall endeavor to secure a Uniform Civil Code for its citizens.
Present status of personal laws in India:
| Hindu Personal Law | • Derived from ancient religious texts and customs. • The Hindu Marriage Act 1955- governs marriage and divorce among Hindus • Hindu Succession Act 1956- deals with inheritance. |
| Muslim Personal Law | • Based on the Shariah. • The Muslim Personal Law (Shariat) Application Act, 1937 and Muslim Women (Protection of Rights on Divorce) Act, 1986, regulates marriage, divorce, inheritance, and maintenance among Muslims. |
| Christians, Parsis, and Others | • The Indian Christian Marriage Act, of 1872 regulates marriage among Christians and also between Indian Christians and Non- Christians. • The Parsi Marriage and Divorce Act, of 1936 deals with marriage, divorce and various other aspects. |
Need for UCC:
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- Promoting gender equality:
- Islam permits polygamy.
- Men as ‘natural guardians’ under Hindu Minority and Guardianship Act.
- National integration:
- In Shah Bano Begum (1985)- It will remove disparate loyalties to laws having conflicting ideologies.
- Justice delivery: uniformity in application of family laws across religions.
- Promote secularism: citizenship as basis for managing civil affairs instead of religion.
- Ease in administration of law: simplifies the legal framework and reduces complexities, enhancing the efficiency of legal system.
- Promoting gender equality:
Hurdles in implementation:
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- Religious and Cultural Diversity: Unity vs uniformity.
- Threat to secularism:
- In TMA Pai Foundation Case-2002, the Supreme Court stated that the idea of UCC might not be inconsonance with the spirit of Indian secularism.
- Sense of insecurity
- Political considerations: political calculations may take precedence over genuine discussion
- Issues in drafting: absence of guideline or a vision document
- Effectiveness: Law Commission report- it will not be applicable on 28% of the total population.
Way forward:
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- Sensitization programmes encouraging a progressive and broadminded outlook
- Amend discriminatory laws:
- In Shayara Bano Case, the Supreme Courtstruck down instant triple talaq.
- Law Commission 2018 report– ensuring that the personal laws align with fundamental rights as the problem is not differences rather discrimination.
- Codify universal principles
