ANALYSING THE IMPLEMENTATION OF UNIFORM CIVIL CODE IN INDIA

Introduction

The idea of the Uniform Civil Code (UCC), which takes into consideration the country's complex sociocultural fabric and variety of religious, philosophical and cultural identities, has generated a great deal of controversy and discussion in India. Fundamentally, the UCC suggests a single body of laws for all individuals, regardless of their religion or spirituality, that would regulate private affairs like marriage, divorce, inheritance, and adoption. The aim is to substitute the current variety of personal laws arising from religious practices and customs with a single secular law that is applicable consistently throughout the nation.

The Constitution of India, under its directive principles of state policy, provides for a uniform civil code. According to Article 44 of the Indian Constitution mentioned in Part – IV which talks about the Directive Principles of the State Policy (DPSP), states that "The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India."

In the words of Dr. B.R. Ambedkar, it is "a mere declaration of intent." Though the Code is intended to modernize and modify personal laws into one set of rules, the resistance from religious groups has made this a contentious issue with no resolution in sight shortly.

The aim of this paper seeks to give an overview of the formation of a personal law on how the implementation of a uniform civil code would affect the Indian nation as a whole, and the possible outcomes. This is an essential stage for any legal reform of this kind since the public needs to know what will happen before it does. This allows for a decision to be reached, or at least a voice of opinion to be heard, from the Indian people who are affected by these laws.

Historical Aspect Of Uniform Civil Code

The formation of a personal law created disparity between different religions in India. This practice began during the British Raj, when they used the excuse of respecting the beliefs of the indigenous people of India as reason to not enact secular laws which conflicted with the laws of the British themselves. The first was the Hindu law. With the creation of the Hindu Marriage Act of 1954 and the Hindu Minority and Guardianship Act of 1956 and more recently with the 2006 Hindu Succession Act, these laws have modernized certain aspects of Hindu law.

The marriage act dealt with certain rules of marriage such as the register of a marriage and the rule of monogamy. The minority and guardianship act provided rules on who was to be considered a legitimate child and who was he a natural guardian. The latest Act was a combined effort by both India and the UK to provide the Indian citizen living in the UK a clearer definition of what is considered to be his property.

The Muslim Personal Law Shariat application of act 1937 along with Muslim laws that followed. This was a codification of Muslim law, incorporating multiple rules extracted from Quran and Hadith to form a body of statutes which would become binding on all the Muslims within the nation. The above held true for issues pertaining to inheritance, divorce, maintenance, and getting married. Presently, the legal system is thought to be composed of a complementing body about laws of statutes to the Quran and Hadith, instead of a comprehensive body of laws in and of itself. Goa is the only Indian territory lacking an exclusive family law; rather, the state is governed by the Portuguese civil code, which is a uniform legal framework.

Background

Post-independence, the framers of the Indian Constitution debated the inclusion of a Uniform Civil Code as a directive principle of state policy under Article 44. The objective was to create a common set of laws applicable to all citizens irrespective of religion, aiming to promote equality, justice, and national integration. The UCC was envisioned as a means to replace existing personal laws that often perpetuated discriminatory practices, especially against women, with a secular legal framework.

However, as expected, society did not reform itself to do away with discrimination based on religion and caste. The government had to intervene through a number of legislations. These efforts were not comprehensive and were based on the philosophy that the respective communities would give up discriminatory practices on their own. As a result, there are now different laws in existence such as the Hindu Marriage Act, Special Marriage Act, Parsee Marriage and Divorce Act, Christian Marriage Act, etc. Similarly, there is a separate law for each community governing succession and maintenance. Even within the same community, these laws are different based on the extent of orthodoxy. For example, there is the Hindu Succession Act for Hindus, whereas in the state of Goa, there is a separate law for Hindus governed by Portuguese Succession Law. Due to this, no comprehensive change has been brought to the laws governing marriage and succession.

The concept of UCC is not new to India and in fact, the need for it has been felt since independence in 1947. The founding fathers of the constitution thought that all of these issues would get resolved, as they expected a social revolution in India where people would themselves give up discriminatory practices based on religion, social hierarchy, etc.

The Uniform Civil Code was developed and put into effect by then-prime minister Jawaharlal Nehru and his supporters in the early 1950s and during the debates surrounding the Constituent Assembly[1]. Then-Minister of Law, Dr. B.R. Ambedkar, also argued that, with personal laws excluded, a Uniform Civil Code should be a fundamental component of Article 35's guarantees of rights. Nonetheless, he suggested implementing the Uniform Civil Code on a voluntary basis.

However, proponents of Islam opposed its implementation and criticized it, favoring religious personal laws instead. As a result, the uniform civil code was never created and is instead contained as a guiding principle of state policy in Part IV of the Indian Constitution, specifically Article 44. Nonetheless, the recommendations made by the then-Minister of Law, Ambedkar, were crucial in changing the Hindu Personal Laws, also known as the "Hindu Code Bills." Among these laws that guaranteed consistency is the Hindu Marriage Act of 1955.[2] The Hindu Adoption and Maintenance Act of 1956[3], the Hindu Succession Act of 1956[4], and the Hindu Minority and Guardianship Act of 1956[5]. Subsequently, the Special Marriage Act of 1954[6] and the Dowry Prohibition Act of 1961[7] filled in some of the gaps left by their predecessors. The former established guidelines for divorce and dissolution and provided a framework for interreligious and intercaste marriages, while the latter made it illegal to give, accept, or demand dowries.

Issues And Challenges Concerning The Execution Of The Uniform Civil Code

· Conflict with Constitution

The main obstacle to establishing uniformity in personal law is the conflict among Article 25's freedom of religion and Article 14, that guarantees equality and equal protection pursuant to the law. This is so because personal laws cannot be altered since they are relying on religious texts and therefore qualify as religious beliefs. India is a secular nation where people are free to practise and spread their faith. This right protects private legislation based on religious convictions and practices. It can be argued that this constitutional protection is violated if a UCC is put into effect that supersedes current personal laws. Making sure a UCC promotes uniformity in civil legislation while honouring religious diversity is a challenge.

· Opposition from Minorities

The opposition from minorities is the next essential issue. Minorities hold the view that the uniform civil code will compel them to follow the religious practices of the majority group, stopping them from practicing their own holy customs. They determine this as a challenge on their freedom to practice their religion and beliefs. Their perspective is reasonable, and it must to be handled carefully.

· Practical challenge caused by diversity

India, a secular nation, is home to believers of many different religions, including Islam, Hinduism, Buddhism, Sikhism, and Zoroastrianism Christianity. These beliefs have distinct characteristics from one another, and they adhere to and teaching different personal laws. As a consequence, passing a single piece of common legislation will be challenging. Not every community will support the legislation that has been proposed, and it is unrealistic to expect individuals from diverse cultural and religious cultures to adopt the just one system.

Advantages Of Implementing UCC

· Help in preventing discrimination

India being a common state ensures every one of its residents the right to balance and equity under the steady gaze of the law and furthermore the right against separation in light of religion, rank, orientation race, and so forth. The execution of the code is considered as an overhaul in the execution of the major privileges and is an impression of accomplishing the zenith of security of such freedoms. Unexpectedly, the development of the code fortifies and holds up the underpinning of secularism.

· Make the law easier and ensure justice is served

The presentation of the Code works on the intricately organized individual regulations which, clears way for quick preliminary and improves the equity conveying interaction of the legal executive.

· Uphold women autonomy

The enactment of the Code as well as bringing together the individual regulations would likewise plan to safeguard ladies by peeling off all infringement of the privileges of ladies present in the individual regulations and guaranteeing orientation balance. This code would make the law right by qualifying people for their legitimate privileges and elevating the norm of ladies.

· Harmonizes personal laws

The detailing of a Uniform Code brings together the individual regulations about the spaces of wedding regulations, disintegration and separation regulations, laws of progression and legacy, laws of reception, and guardianship regulations and maintains the portrayal of solidarity in variety by advancing public coordination. The disintegration of contrasts in the current individual regulations would go about as an answer for stay away from disarray and abuse of individual regulations.

· Achieving further development

The execution of the code eliminates the current provisos in the law and moves the country towards movement.

Challenges and Opposition to UCC

· Coexistence with other existing religious laws

Adopting a UCC, rather than serving as the exclusive body governing personal laws, can help resolve disputes pertaining to violations of the right to the free exercise of religion if it is implemented in conjunction with other personal laws until they are largely accepted. The most famous example of this is found in Section 125 of the Cr. P.C.,[8] which, in addition to the current personal laws pertaining to maintenance, serves as a uniform code for the law of maintenance regardless of religion. Personal laws can be used to deliver justice if the disputing parties mutually agree to abide by religious principles rather than the uniform civil code that has been enacted.

· Source of the code based on Natural justice

To conquer the resistance of minorities and to win their endorsement, the wellspring of the proposed regulation should be simply founded on normal regulations like value, equity, and a clear mind and not in light of any religion. This is on the grounds that the standards of normal equity continue as before regardless of religion. This defeats the view of minorities that they would be compelled to follow the strict act of the larger part.

· Raise Awareness

The public authority of India prior to implementing the code should make proper strides by spreading attention to the overall population in regard to the advantages of having a UCC on the grounds that upholding the code, doesn't feel like a burden yet is embraced and invited by the residents.

· Leverage current legal frameworks

Prior to establishing another uniform code, the public authority can utilize the current arrangement of UCC winning in the situation with goa as a decent beginning stage and sanction the reasonable arrangements the country over.

UCC Around the Globe

The global context around the Uniform Civil Code illustrates many strategies and obstacles in striking a balance between cultural norms, religious freedoms, and the goal of equality and consistency in the legal systems that oversee private affairs. While some nations have successfully enacted legislation like to the UCC, others are still navigating challenging sociocultural factors as they alter family and personal laws. The international environment highlights the continued importance and complexities of discussions around the application of a Uniform Civil Code in various legal and cultural contexts across the globe.

Today's major countries comprise of Japan, Russia, France, Israel, and many more which still need to disseminate and maintain their sense of national identity. Most nations in the world those have less than one unified civil code or a unified body of criminal or civil law. The law is followed uniformly to all its members in the US and the ECU member states, regardless of their religious beliefs. The Islamic law of Sharia, which is the same for everyone, regardless of religion, is endorsed by the agnostic nations. The most significant UCC-following nations is Canada's adoption of the Private Property Protection Act and its proximity to North American free trade may make it an appealing destination for Western borrowers.

Overview And Interpretation Of The Uniform Civil Code Of Uttarakhand, 2024

The Uttarakhand Uniform Civil Code (UCC) of 2024 is a noteworthy legislative advancement that endeavors to create a statewide legal structure for individual cases. The UCC of Uttarakhand was enacted in response to India's constitutional directive principles and national integration initiatives. Its goal is to replace the various personal laws that are based on religious or customary traditions with a single secular code that is applicable to all state citizens.

· According to section 1 of the code, which specifies the limits of the codes applicability, this uniform civil code, also known as the code or UCC, applies to all of Uttarakhand and its citizen, which includes those who no longer reside within the state’s borders.

· As per section 2 individual who fall into any category whose customary rights are safeguarded by chapter XXI of the Indian constitution are also not immune to any of the legal provisions included in the code.

Marriage And Dissolution.

Sections 4 and 5 of the Code provide information on the criteria for marriage and the associated ceremonies under Chapter 1 of Part 1 of the Code, as well. Section 4 that neither party to the marriage may be in any degree of a prohibited relationship, have a spouse who is still alive at the time of marriage or be mentally ill or unable of giving informed permission. Moreover, the woman must have reached the age of eighteen and the man must have reached the age of twenty-one.

· In accordance with Section 5 of the Code, events that must be held in the event of a marriage include, but aren’t restricted to, the events (Saptapadi).

· The Special Marriage Act, 1954 and the Arya Marriage Validation Act, 1937, Ashirvad, Nikah, Holy Union, Anand Karaj) prescribed under the Anand Marriage Act, 1909

· Sections 6 to 9 of the code deal with the registration of unions entered into after its implementation, besides those formed into before it, as well as all divorces completed and any that may occur after. A significant detail to note is that Section 6's use of the word "compulsory” indicates that any marriages consummated in Uttarakhand following the Code's implementation must be officially registered within 60 days of the marriage date by creating and signing a memorandum (according to the format and guidelines provided by the SG) and providing it to the Sub-Registrar.

· Section 7 (1) states the Legislature which has imposed a temporal restriction, requiring that only marriages that occurred between March 26, 2010, and the date of the Code's commencement be duly registered. Marriages that occurred prior to the Code's commencement and therefore must be duly registered. This is an attempt to guarantee the integrity of information and documents while simultaneously preventing an accumulation of paperwork and weighing down relevant authorities.

· According to Section 10(2), the parties have a period of six months to ensure that their marriages are have been properly registered with the Sub-Registrar of jurisdiction they reside in for all of the mentioned marriages. In addition, the six-month time limit d remains the same for all marriages that took place before to March 26, 2010; however, there are particular criteria listed in § 7(2) that must be fulfilled before marriages of this kind can be registered.

· Section 8(1) provides that any divorce or nullity of marriage decision issued by a state court after the Code's implementation has to be officially recorded in accordance with the legal procedure presented in Section 11(1), which additionally provides each party 60 days for doing so.

In addition, complies with Section 8(2), in any circumstance during which a court elsewhere in the state allows a divorce decree or declares a marriage to null and void, and in conditions. If either of the parties still reside in Uttarakhand, the aforementioned divorce decree or marriage nullity has to be registered before the sub- register in compliance with the steps required.

Conclusion

In India, the idea of a Uniform Civil Code (UCC) has long been a topic of discussion and controversy. It embodies hopes for equality, secularism, and the harmonization of personal rules among various religious communities. Despite its complexity and difficulties, putting in place a UCC is nevertheless essential to achieving these goals as the country develops.

The revolutionary idea known as the Uttarakhand Uniform Civil Code of 2024 aims to create a secular legal framework that unifies personal laws within the state. The UCC of Uttarakhand works to provide equal rights to marriage, divorce, inheritance, and adoption for all of its citizens, replacing inconsistent religious customs with uniform laws. However, there are many social, cultural, and legal obstacles in the way of the UCC's successful adoption and use. Navigating constitutional rights of religious freedom, handling cultural sensitivity, and guaranteeing fair access to justice for a variety of communities are among the challenges.

In the future, other Indian states considering similar changes can use Uttarakhand's experience as a model. It emphasizes how crucial it is to pass legislation in a balanced way that upholds religious freedom and advances the ideals of a contemporary, secular democracy. In order to create a UCC that represents India's varied culture and values, governments, legal professionals, and civil society must continue to engage and collaborate.

In conclusion, even though there are obstacles in the way, the development of a uniform civil code is an important step towards justice, equality, and national integration. The Uniform Civil Code of Uttarakhand, 2024, is a positive first step towards a more cohesive and just legal system that upholds the rights and dignity of every citizen of the state.

[1] Nandhini Chavan & Qutub Jehan Kidwai, Personal Law Reforms and Gender Empowerment: A Debate on Uniform Civil Code (Hope India Publications 2006) 90.

[2] Hindu Marriage Act, 1955.

[3] Hindu Adoption and Maintenance Act, 1956.

[4] Hindu Succession Act, 1956.

[5] Hindu Minority and Guardianship Act, 1956.

[6] Special Marriage Act, 1954.

[7] Dowry Prohibition Act, 1961.

[8] Criminal Procedure Code, 1973, s. 125.