Uniform Civil Code: Need Of The Hour

Ankit Kumar, LLM, Chanakya National Law University

ABSTRACT

According to Article 44 of the Indian Constitution, the "Uniform Civil Code" is fully explained as a directive principle of state policy. It declares that efforts will be made by the state to guarantee that a Uniform Civil Code is available to every Indian citizen. A unified civil code is intended to replace arbitrary laws that stem from the customs and racial origins of many religious communities with a common set of rules that address marriage, inheritance, divorce, and other particular needs. Gender equality, social fairness, and a unified legal system for all locals are the goals of this establishment.

Although Article 44 is a directive concept of state policy, a careful reading of the article must also acknowledge that it is not enforceable by a court. The state has a responsibility to work toward enacting a unified civil code, but before the code can be passed, it needs the support of numerous stakeholders and political will. Although discussing a uniform civil code may seem relatively simple, actually putting it into practice is an extremely labour-intensive task. India is a multicultural nation with a wide range of ethnicities, castes, faiths, and worldviews. As a result, there is debate and discussion in India on the uniform civil code issue.

Opinions for a standard civil code vary throughout social groups. Some say that because Indian society is distinct, there is a great chance that individual laws and fundamental liberties will be infringed, while others think it will promote secularism and solidarity among residents. The Supreme Court of India has often emphasised that a unified civil code is required and that it must be enacted, but it has also constantly urged for a single set of regulations to defend the values of women's rights, equality, and justice.

Numerous instances concerning the implementation and validity of the Uniform Civil Code (UCC) have been brought before the court in different regions throughout India, and the UCC has been the focus of debate and litigation on numerous times. The Shah Bano case dealt with maintenance issues for divorced Muslim women. In this judgement, the Supreme Court established that Muslim women are entitled to maintenance under section 125 of the Criminal Procedure Code, regardless of whether their marriages are superseded by personal law. This case gave insight into the national dialogue over the necessity of a uniform civil code.

Another ruling that strengthened the cause for a universal civil code was the Sarla Mudgal case, in which the Supreme Court addressed bigamy and the issue of converting to Islam to get married again. The court ruled unequivocally that a Hindu husband, even after converting to Islam, cannot consecrate a second marriage while his first marriage remains intact. This decision made clear how important it is to have a single civil code to handle matters involving marriage and personal laws. It is significant that, despite their observations and praises, the courts have recognised the subtleties and sensitivities associated with implementing a single civil code. The judiciary has underscored the necessity of adopting a composed, rational, and methodical approach that considers the diverse religious and social traditions prevalent in India.

Keywords: Uniform Civil Code, Muslim Rashtriya Manch, Social Media, Constitution of India.