The Uniform Civil Code And Its Implications For Women: Explained

The Uniform Civil Code is a proposal that seeks to have unified personal laws for all citizens, regardless of their religion. It has sparked significant debate and discourse, ever since India’s Independence. 

While criminal laws in India apply to everyone, regardless of their gender, class, caste, or religion, civil laws are often influenced by religious beliefs and practices. 

The implementation of a Uniform Civil Code (UCC) has been widely debated, with proponents arguing that it would promote gender equality and social justice by ensuring uniform rights for all citizens, while opponents argue that it would infringe upon religious freedom and cultural diversity. 

We delve into the history of UCC analysing its current status and the numerous debates it has sparked. Additionally, we also evaluate the position of women, concerning personal laws and the UCC. In this article we will decode what the UCC means, the debate surrounding its implementation and what people feel about it. 

What is the UCC? 

The Uniform Civil Code (UCC) in India proposes creating a unified set of personal laws for all citizens, irrespective of their religion. It aims to supersede the existing personal laws, dictated by religion, with a common set of laws governing matters such as marriage, divorce, inheritance, and adopting a uniform framework. 

It is grounded in Article 44 of the Indian constitution, which states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."

The aim of Article 44 in the Indian Constitution's Directive Principles was to tackle discrimination against marginalized communities and promote cultural harmony.

Before going further, we’ll look at the origins and evolution of personal laws, which the UCC seeks to replace. 

Personal Laws: The Evolution

Personal laws in India govern marriage, divorce, inheritance, and adoption based on an individual's religion or faith. 

Rooted in Colonial History  

The codified personal laws were introduced by the British to rule effectively. While the aim was to ‘codify’ unique customs and rules of different religions and communities, in effect, it was a mix of English law and local customs. 

Independence: How Fathers of the Indian Constitution Viewed Personal Laws

The framers of the Indian Constitution retained the personal laws and granted authority to both states and the center to amend them.

Zakia Soman, an Indian women's rights activist explains, “The society back then, was even more patriarchal and misogynistic than what it is today. It was considered normal to take child brides, or have multiple wives, in all religions. So even though the UCC was discussed, it faced opposition from religious groups. Eventually, after discussion, the UCC was added as a directive principle – something the assembly then saw as a provision that could be implemented in the future.”

Codified Personal Laws Today

Hindu personal law constitutes different acts, like the Hindu Marriage Act 1955, the Hindu Minority and Guardianship Act 1956, and the Hindu Succession Act 1956. 

Marriages and divorces for Christians and Parsis are the Indian Christian Marriage Act 1972, the Indian Divorce Act 1869, and the Parsi Marriage and Divorce Act 1936, respectively. 

Muslims follow Islamic law for matters concerning marriage and property inheritance, as these aspects are yet to be codified through legislation, except for The Muslim Women (Protection of Rights on Divorce) Act 1986.

The Supreme Court of India has significantly influenced the narrative around the Uniform Civil Code through its landmark rulings. Among these, the Shah Bano case stands out. In this case, the court ruled in favor of providing alimony to Shah Bano, an elderly Muslim woman who had been divorced. The ruling faced strong opposition from the All India Muslim Personal Law Board, which argued that it contradicted Islamic principles. 

Special Marriage Act: First Step Towards UCC?

The Special Marriage Act 1954 (SMA), is also a legal provision that enables anyone to get married, irrespective of their religion and caste. This was previously not allowed under the existing personal laws. There have been arguments that suggest that the SMA was the first step towards the UCC since it allows individuals to choose to deviate from their personal religious laws.    

UCC: The Arguments in Favour 

– Uniformity for All 

Laws should be unified for all the citizens of India, argue the proponents of UCC. They see this as a binding factor that will help abolish discrimination based on religion, sex, class, and other factors.

– Gender Parity 

At the core of arguments of those favouring the UCC are women’s rights and equality. Some say that customs can’t be the reason for denying women their fundamental rights. Citing examples like the Supreme Court rightfully interfering in matters regarding women and religion, like lifting bans on women entering temples, when religious norms infringed upon the right to equality, proponents say the SC should be able to govern other aspects of personal life too. 

The Muslim personal law isn’t codified and continues to follow Shariyat. “Uniform Civil Code is the need of the hour. With its implementation, Muslim women will be able to seek alimony from their husbands, and seek property rights in their hereditary property, “ said Rudra Vikram Singh, Advocate, Supreme Court of India. 

He added, “All adolescent girls can also be saved from child marriage.”

— Simplify Judicial Process

If the UCC is mandated for all, it would potentially simplify the legal process surrounding inheritance, marriage, and divorce. Presently, the judicial and legal framework is complex and caters to different religions, as well as regions.

“Those who are opposing it should understand that due to personal laws of few communities, many unnecessary cases are pending in courts.

Those pending cases will be concluded,” said Rudra Vikram Singh, Advocate, Supreme Court of India.

The UCC would potentially simplify this, with the use of one codified law and legal framework which judges would need to abide by. It would make things transparent, straightforward, and more accessible for all. 

— Modernization and Social Progress

Zakia Soman, Indian women's rights activist and the founder of Bharatiya Muslim Mahila Andolan said that she’d ideally have preferred a reformed, codified Muslim personal law, but in the absence of that, she would prefer the UCC. 

“If we bring a UCC, it has to be genuinely rooted in the concerns about justice and equality. Then it will be a good beginning,” she said. “I'm not saying that society will change overnight or within a year or even five years, but in the coming decades it will empower our daughters to sort of become equal. As part of popularizing UCC, we’ll have to undertake a Community Education and awareness program on a very very massive scale.”

She added that it is only through education that the masses will grasp the intricacies, nuances, and their rights under it. 

“We’ll have to explain to young girls that they are equal and that they’re not inferior to their husbands. They are not secondary when it comes to family matters. So we need to build that awareness and give that kind of assurance,” she said. 

UCC: Challenges in Implementation

The crux of the critics’ argument rests on the UCC not honoring age-old customs, religious nuances, cultural norms, and diversities of a land of many cultures.

– Difficulty in Implementation 

Given the diversity and vastness of the land, administrative challenges are likely to follow. Experts harp on the necessity of educating the masses and making them aware of the provisions before the UCC is implemented. 

Another factor posing a problem is that if each State drafts their own UCC, we may never end up with one Uniform code in the first place. 

– Resistance from religious groups 

In a land of many cultures, minorities, communities and religious norms, critics point to how one UCC cannot cater to the nuances of all. Members of all religious communities have voiced opposition in varying forms.

“The numerous tribal communities have very distinct religious customs and norms. So when you try to actually Implement one law, I think you risk papering over a lot of these differences,” explained Abhinav Borbora, a researcher at Lokiniti CSDS. “To include all these differences and nuances, we may have an extremely diluted version of the UCC, or a very stringent form that sweeps away all of these.”

The Contentious Issue of Live-in Relationships 

Uttarakhand became the inaugural state in post-independence India to enforce UCC in February 2024. 

It borrowed heavily from the Special Marriage Act and would have all heterosexual couples under its ambit. 

However, a new introduction that seeks to introduce new clauses about ‘live-in relationships’ became a point of contention among many. 

It saw live-in relationships as unions similar to marriage between a man and a woman, who then resided together in a shared household. It said that such couples would have to register such relationships through a "statement of live-in relationship." Further, the live-in relationship could be terminated by either of the parties, using a "statement of termination."

However, not meeting the code’s requirement within one month of initiating the relationship would be a criminal offence, punishable by imprisonment for up to three months or a fine not exceeding Rs 10,000.

Moreover, the registrar has the authority to demand the submission of the statement, either independently and also in response to a complaint from a third party.

Women’s groups opposed this saying it infringed upon autonomy and choice, in constitutionally mandated matters, like consensual adult cohabitation or live-in relationships.

Inclusion of LGBTQIA Persons in UCC 

The conversation around UCC has primarily stuck defining clauses in terms of cis heteronormative structures of relationships, families and groups. Queer activists argue that the document needs to be more inclusive in nature. 

“For reference, one could look towards the Uttarakhand UCC, trans persons and queer relationships find no mention throughout it,” explained Philip C Philip - Queer Rights Activist and researcher.

Marriages are described as those between man and woman, parents are described as 'man' or 'woman' and inheritance laws, divorce proceedings, marriages, and live-in relationships all are assumed to be between a 'man' and a 'woman', he further elaborated.

“Some of these were the core arguments in the same-sex marriage petitions which were placed in front of the Hon'ble Supreme Court,” said Philip. “The government in its own laws, i.e., the Transgender Persons Protection of Rights Act, 2020 directs that all laws should be inclusive of trans persons and their rights but UCC doesn’t do that.”

He affirms that queer relationships, violence against queer persons, especially that from the family, and discrimination based on gender and sexuality be made central to these laws.

What Do The Masses Feel About UCC?

In contemporary times, the UCC has been in the limelight as it’s been part of the BJP Manifesto, with several leaders bringing it up in pre-poll rallies. Some argue that this is being used as a tool to polarize the masses. 

According to a survey conducted by Lokniti CSDS, 29% felt that the law would empower people, and 19% felt that it would interfere with religious traditions. On the other hand, 26% expressed no opinion and 26% said they weren’t aware of the UCC. The enormity of the last two segments points to the general audience not being aware enough of the bill yet.

Abhinav Borbora, the researcher at CSDS said, “On further evaluation, we saw that the majority of the 29% supporting it were Hindus and the majority of the 19% opposing it were Muslims.”

Zakia Soman, the woman rights activist, highlighted that among Muslims, there exists a sense of fear around the bill. “Awareness, education and sensitization of the communities is needed before the bill comes into force. To bring in UCC, a positive environment needs to be created first.”