UNIFORM CIVIL CODE
The Uniform Civil Code (UCC) calls for the formulation of one
law for India, which would be applicable to all religious
communities in matters such as marriage, divorce, inheritance,
adoption. The code comes under
Uniform Civil Code refers to a single law applicable to all the
citizens in their personal matters such as marriage, divorce,
custody, adoption and inheritance
Article 44 of the Constitution contains the U.C.C.
Article 44 of the Constitution, which lays down that “the State
shall endeavour to secure for all citizens a Uniform Civil Code
throughout the territory of India” .
This Article requires States to take steps for establishing a U.C.C.
throughout the territory of India.
India is a big country with a large population with
diversified culture, religion, caste and creed.
Hindus are governed by Hindu Law, Christian by Christian
law and Muslims by Muslim Law.
Thus there is a strong urge to have one single code to be
named as UCC applicable to everyone living within the
territory of India irrespective of caste, creed and religion.
In 1947 the idea of UCC was mooted in the Constituent
Assembly.
The sub-committee on Fundamental Rights included UCC
as one of the Directive Principles of State Policy in Art 44.
The objective of Article 44 of the Directive Principles
in the Indian Constitution was to address the
discrimination against vulnerable groups and
harmonise diverse cultural groups across the country.
Dr. B R Ambedkar, while formulating the Constitution
had said that a UCC is desirable but for the moment it
should remain voluntary, and thus the Article 35 of the
draft Constitution was added as a part of the Directive
Principles of the State Policy in part IV of the
Constitution of India as Article 44.
The demand for a UCC came to the fore in the judgment
pronounced in the Shah Bano Case in 1985.
Mohd Ahmed Khan v. Shah Bano
Shah Bano moved Supreme Court seeking maintenance after her
husband divorced her after 40 years of marriage by giving triple
talaq and denied her regular maintenance. The SC bench, in a
verdict in favour of Bano, observed:
“There is no evidence of any official activity for framing a
common civil code for the country. A common Civil Code will
help the cause of national integration by removing disparate
loyalties to laws which have conflicting ideologies.”
The SC held that Sec 125 of Crpc is applicable to the Muslims
and that even Muslim husband is liable to maintained his divorced
muslim wife beyond the iddat period.
Sarla Mudal v. Union Of India
In this case the S. C held that conversion of a Hindu male to
Islam only for the purpose of contracting bigamous
marriages circumvents Sec 494 of IPC.
The Court held that the first marriage would have to be
dissolved under the Hindu Marriage Act, 1955. The man’s
first marriage would therefore, still be valid and under
Hindu law, his second marriage, solemnized after his
conversion, would be illegal under Section 494 of the IPC.
In the 1995 Sarla Mudgal Case, Justice Kuldip Singh
reiterated the need for Parliament to frame a Uniform Civil
Code, which would help the cause of national integration
by removing ideological contradictions.
Lily Thomas v. UOI(2000)
In this case S.C. considered second marriage without prior divorce from
first marriage to be void wherein men were converting their religion to
Islam to solemnise the 2nd marriage but all of this was considered void
unless and until the 1st marriage was dissolved according to Hindu
Marriage Act, otherwise the Husband would be liable for bigamy.
This law was laid down in Sarla Mudgal case and it was upheld in the
present case.
This has raised persistent issues for having a UCC unless the law permits
for UC, a non-Islamic husband would have the opportunity to convert to
another religion i.e. Islam to legalise one’s marriage. But since the act is a
penalise act, conversion would have no validity if the 1st marriage is not
dissolved.
Danial Latifi and Anr v. UOI (2001)
Joseph Shine V. UOI(2018)
Goa is the only State in India which has enforced UCC for all residents regardless of religion,
ethnicity or linguistic affiliation.
The Goa Civil Code or Family law is largely based on the Portuguese Civil Code of 1867.
Some of the basic provisions are as follows:
1. The first is the concept of equality irrespective of the fact that you are Hindu or Muslim.
2. Every birth, death and marriage has to be compulsorily registered.
3. All marriages in Goa are not valid till they are registered. In Goa for marriage, Civil
registration is mandatory. Thus a marriage solemnised under Hindu Custom or Muslim law
will be deemed valid only after the marriage is registered. A muslim whose marriage is
registered in Goa cannot take another wife.
4. A muslim whose marriage is registered in Goa cannot take divorce by pronouncing talak
thrice and four wives is not recognised in Goa. A Goan has to have only one wife till he
divorces as per the Civil code and marries again.
5. During the course of marriage all the property and wealth owned or acquired by each
spouse is commonly held by the couple.
6. Each spouse in case of divorce is entitled to a half share of the property and if one dies the
ownership over half of the property is retained by other.
7. A married person cannot sell the property without the consent of the spouse.
8. Under the UCC, the parents cannot disherit the children entirely. Atleast half of the property
has to be passed on to the children compulsorily. This inherited property must be shared
equally among the children.
