UNBORN CHILD OF CONSTITUTION: UNIFORM CIVIL

CODE

INTRODUCTION:

Indias history is testimony to the fact that its been a country of personal laws. Till the early
20th Century, different sets of rules were followed by Muslims in India. It was till the year
1935 that different sects of Muslims like Khoja Muslims and the kutchi memons had their
own rules of practice. The inheritance and also the matrimonial laws were as per the Hindus.
The enactment of the Muslim personal law, many such minority creeds of Muslims had to
accept those laws even if they differed in practise from their customary ones. This was not the
case only among the Muslims. The Hindus too had various personal laws prevailing in
different parts of the country. But these have undergone a drastic change due to the
geographical unification of India as well as the reforms brought about by the British regime
viz ban on the practices of child marriage, sati and human sacrifice, encouraging widow-
remarriage, introducing divorce and amending inheritance laws in India. 1 These concepts
however gave birth to the introduction of the Uniform Civil Code as there were constant fight
between the Hindus and the muslim personal laws.

The term Civil Code is used to cover the entire body of laws governing rights relating
to property and otherwise in personal matters like marriage, divorce, maintenance, adoption
and inheritance. The demand for a uniform civil code essentially means unifying all these
personal laws to have one set of secular laws that will apply to all citizens of India
irrespective of the community they belong to2. Though the exact contours of such a uniform
code have not been spelt out, it should presumably incorporate the most modern and
progressive aspects of all existing personal laws while discarding those which are retrograde.

1 Saumya Shukla, Uniform Civil Code, available at

https://www.academia.edu/15646508/uniform_civil_code, accessed on 14th January 2017.

2 Uniform Civil Code A Need of the Hour, available at

http://shodhganga.inflibnet.ac.in/bitstream/10603/54472/11/11_chapter%204.pdf accessed
on 14th January 2017
HISTORY OF UNIFORM CIVIL CODE:

The issue of introduction of the Uniform Civil Code in India has been debated upon since the
time India attained Independence with the Indian parliament debating on it in as early as
1948. It witnessed some strong opposition from the Muslim Fundamentalists like Poker
Saheb and members from other religions. Though it did get support from the Chairman of the
Draft committee and father of the Indian Constitution Dr. B.R. Ambedkar along with some
prominent journalists like G.S. Iyengar and Alladi Krishnaswamy Iyer amongst others to
name a few. Though the congress had promised it would allow Muslims to practise Islamic
laws, there was a fear among Muslims, of a possible interference with the Muslim personal
laws and they contended that India would not be the same again if UCC was to be introduced.

Personal laws were first framed during the British Raj mainly for Hindu and Muslim
Citizens. The British feared opposition from community leaders and refrained from further
interfering within this domestic sphere. The demand for a uniform civil code was first put
forward by women activists in the beginning of the 20 th Century, with the objective of
womens rights, equality and secularism. Till Independence in 1947, a few law reforms were
passed to improve the condition of women, especially Hindu widows. In 1956, the Indian
parliament passed Hindu Code Bill amidst significant opposition. Though a demand for a
Uniform Civil Code was made by the Prime Minister Nehru his supports and women
activists, they had to finally accept the compromise of it being added to the Directive
Principles because of heavy opposition.3

The debate for a uniform civil code dates back to the colonial period in India. The
Lexi Loci Report of October 1840 emphasised the importance and necessity of uniformity
in codification of Indian Law, relating to crimes, evidences and contract but it recommended
that personal laws of Hindus and Muslims should be kept outside such codification.
According to their understanding of religious divisions in India, the British separated this
sphere which would be governed by religious scriptures and customs of the various
communities. These laws were applied by the local courts or panchayats when dealing with
regular cases involving civil disputes between people of the same religion; the state would

3 P.P.Rao, Uniform Civil Code in India, available at http://www.ncib.in/pdf/uniform-civil-

code.pdf accessed on 12th January 2017.
only intervene in exceptional cases. Thus, the British let the Indian public have the benefit of
self-government in their domestic matters with the Queens 1859 proclamation promising
absolute non-interference in religious matters. The personal laws involved inheritance,
succession, marriage and religious ceremonies. The public sphere was governed by the
British and Anglo-Indian law in terms of crime, land relations, law of contract and evidences
all this applied equally to every citizen irrespective of religion4.

Finally the insertion of the Uniform Civil Code was made in the Indian Constitution as an
idol, but the real fact is that no one is praying for it.

The spine of controversy revolving around the idea of implementing Uniform Civil Code
has been Secularism and The Freedom of Religion enumerated in the Constitution of
India. The preamble of the Constitution states that India is a Secular Democratic Republic
this means that there is no state religion. A state is only concerned with the relation
between man and man. It is not concerned with the relation of man with God. It does not
mean allowing all religions to be practised. It means that religion should not interfere with the
mundane life of an individual. Rebecca J. Cook rightly points out that although the Indian
Constitution contains articles mandating equality and non-discrimination on the grounds of
sex, strangely however, several laws exist that apparently violate these principles and
continue to be there especially in personal laws of certain communities with provisions that
are highly discriminatory against women.

The Indian Constitution expressly stands for Gender Equality. For Example, Article
44 of the Indian Constitution envisages a Uniform Civil Code for all citizens and lays down
that, The State shall endeavour to secure for the citizens a Uniform Civil Code
throughout the territory of India. However, even half a century from the framing of the
constitution, the ideal of Uniform Civil Code is yet to be achieved. Women, who make up
nearly a half of India, continue to clamour for a gender just code to enjoy equality and justice
irrespective of the community to which they belong.

The Uniform Civil Code is required to ensure:

Uniformity of laws between communities but also,

4 Uniform Civil Code, available at http://www.theinfolist.com/php/SummaryGet.php?

FindGo=uniform_civil_code accessed on 12th January 2017
 Uniformity of laws within communities ensuring equalities between the rights of
men and women.

One of the major problems that has provoked exciting polemics and aggravated
majority pressures is the enactment of a uniform civil code for the citizens throughout the
territory of India, as desiderated in Article 44. The provision is cautiously worded and calls
upon the state to endeavour to secure such a code. It is neither time-bound nor carries a
compulsive urgency. But the Hindu fundamentalists make it a militant demand as if Hindu
law should be made the national family law. There is apprehension in the mind of the muslim
minority that the quran is in danger, that its scared family law will be jettisoned. In the Shah
Bano case in 1986, the supreme court expressed displeasure at the delay in framing a uniform
civil code, which was regarded as a secular imperative. Raging controversy demanding the
uniform code followed and was resisted in full fury by the muslim minority, with
distinguished exceptions.

Attempts have been made from time to time for enacting a uniform civil code after
independence and the supreme court in various cases has been giving directions to the
government for implementing Article 44 of the Constitution and to reform the personal laws
specially those relating to the minorities and to remove gender bias therein. While a uniform
civil code is not particularly high on the national agenda, value-based progressive changes,
preserving the separate identity of each religious group, is a feasible project avoiding insult
and injury to any minority. This may be a preliminary step to pave the way for a common
code. Mobilization of Muslim, Christian and parsi opinion in this direction is sure to yield
salutary results and reduce fundamentalist resistance. Maybe, to facilitate a national debate, a
facultative common code may be drawn up at a non-governmental level. It will be purely
optional for minorities to accept or reject those provisions.

Our founding fathers have been cautious in their phraseology while drafting Article 44 and
therefore in a situation where the nation is in the grip of communal tension hurry must make
way to moderation. Initially the idea of Uniform Civil Code was raised in the Constituent
Assembly in 1947 and it was incorporated as one of the directive principle of staye policy by
the sub-committee on Fundamental Rights and clause 39 of the draft directive principles of
the state policy provided that the state shall endeavour to secure for the citizen a Uniform
Civil Code. The Arguments put forward was that different personal laws of communities
based on religion, kept India back from advancing to nationhood and it was suggested that
a Uniform Civil Code should guaranteed to Indian people within a period of five or ten
years. The chairman of the drafting committee of the Constitution, Dr B.R. Ambedkar said
that, We have in this country uniform codes of laws covering almost every aspect of human
relationship. We have a uniform and complete criminal code operating throughout the country
which is contained in the Indian Penal Code and the Criminal Procedure Code. The only
province the civil law has not been able to invade so far as the marriage and succession is
concerned and it is the intention of those who desire to have Article 35 as part of Constitution
so as to bring about the change. Since the Uniform Civil Code was a politically sensitive
issue, the founding fathers of the constitution arrived at an honourable compromise by
placing it under Article 44 as a Directive Principle of State Policy.

Even after more than five decades from the framing of the constitution, the ideal of Uniform
Civil Code under Article 44 is yet to be achieved. However, efforts in this direction continued
as reflected in various pronouncements of the Supreme Court from time to time.

UNIFORM CIVIL CODE GENDER JUSTICE

In Mohammad Ahmed Khan v. Shah Bano Begum, popularly known as Shah Banos case, the
Supreme Court held that It is also a matter of regret that Article 44 of our Constitution has
remained a dead letter. Though this decision was highly criticized by Muslim
Fundamentalists, yet it was considered as a liberal interpretation of law as required by gender
justice. Later on, under pressure from Muslim Fundamentalists, the central Government
passed the Muslim Womens (Protection of rights on Divorce) Act 1986, which denied right
of maintenance to Muslim women under section 125 Cr.P.C. The activist rightly denounced
that it was doubtless a retrograde step. That also showed how womens rights have a low
priority even for the secular state of India. Autonomy of a religious establishment was thus
made to prevail over womens rights.

In Sarla Mudgal (Smt.), President, Kalyani and others v. Union of India and others, Kuldip
Singh J., while delivering the judgment directed the Government to implement the directive
of Article 44 and to file affidavit indicating the steps taken in the matter and held that,
Successive governments have been wholly remiss in their duty of implementing the
Constitutional mandate under Article 44, Therefore the Supreme Court requested the
Government of India, through the Prime Minister of the country to have a fresh look at
Article 44 of the Constitution of India and endeavor to secure for its citizens a uniform civil
code through out the territory of India.

However, in Ahmadabad Womens Action Group (AWAG) v. Union of India, a PIL was filed
challenging gender discriminatory provisions in Hindu, Muslim and Christian statutory and
non-statutory law. This time Supreme Court became a bit reserved and held that the matter of
removal of gender discrimination in personal laws involves issues of State polices with
which the court will not ordinarily have any concern. The decision was criticized that the
apex court had virtually abdicated its role as a sentinel in protecting the principles of equality
regarding gender related issues of personal laws of various communities in India.

The Apex Court pursued the same line in Lily Thomas etc. v. Union of India and others and
held: The desirability of Uniform Civil Code can hardly be doubted. But it can concretize
only when social climate is properly built up by elite of the society, statesmen amongst
leaders who instead of gaining personal mileage rise above and awaken the masses to accept
the change.

In a Uniform Civil Code which is cherished Constitutional goal, if we have a single ground of
divorce viz that the marriage has broken down irretrievably, the scope of any controversy is
ruled out. Where factually marriage has broken down irretrievably no useful purpose will be
served in finding out the guilt or innocence of the parties and in such a case law proceeds to
cut off the tie. Analytical discussion of these issues shows that there should be one single
ground of divorce viz, irretrievable breakdown of marriage.

Irretrievable breakdown of marriage and divorce by mutual consent should be made

uniformly a ground to dissolve the marriage of spouses irrespective of their religious faiths.
The critical analysis of different existing grounds of divorce contained under various divorce
laws shows more uniformity and less contrast in hem. Therefore, the conceptual analysis of
the different existing ground of divorce paves the way to push up the matter of uniformity in
them legislatively.

The Article 44 of the Constitution of India requires that the state to secure for the citizens of
India a Uniform Civil Code throughout the territory of India. India is a unique blend and
merger of codified personal laws of Hindus, Christians, Parsis and to some extent Muslims.
However, there exists no uniform family related law in a single statutory book for all Indians
which is universally acceptable to all religious communities who co-exist in India.

The Preamble of the Indian Constitution resolves to constitute a Secular Democratic

Republic. This means that there is no State religion and that the state shall not discriminate on
the ground of religion. Articles 25 and 26 of the Constitution of India as enforceable
fundamental rights guarantee freedom of religion and freedom to manage religious affairs. At
the same time Article 44 which is not enforceable in a Court of Law states that the state shall
endeavour to secure a uniform civil code in India. How are they to be reconciled. What will
be the ingredients of a Uniform Civil Code. Since the personal laws of each religion contain
separate ingredients, the uniform civil code will need to strike a balance between protection
of fundamental rights and religious principles of different communities. Marriage, divorce,
succession, inheritance and maintenance can be matters of a secular nature and law can
regulate them. India needs a codified law which will cover all religions in relation to the
personal laws of different communities.

t is in this context that we need to understand the issue of the uniform civil code. The time
has come to place personal laws of all religions under a scanner and reject those laws that
violate the Constitution. Personal laws of all religions discriminate against women on matters
of marriage, divorce, inheritance and so on. There is an urgent need to cull out the just and
equitable laws of all religions and form a blueprint for a uniform civil code based on gender
justice. The Hindu code cannot be applied uniformly to all religions. On the other hand, triple
talaq would have to go, as would polygamy and all the advantages that accrue to Hindu
undivided families in matters of property and inheritance.

In this backdrop, one can say that in our country, personal laws continuously affect the lives
and rights of a large number of women of all most all the communities. Although various
efforts are being done by the means of international instruments, reforms of national laws,
changing judicial trends, recommendations of Law Commissions and other social elite groups
to ensure gender equality but still women in our country are not treated equally and
discriminated in the field of family law especially in cases of marriage, divorce, maintenance,
inheritance etc. In these situations, a gender-just code is the need of the time. So a Uniform
Civil Code is very important for the protection of oppressed women, to protect their human
rights, to remove discrimination against them irrespective of their religion or community they
belong and, lastly to make our national laws in accordance with the international instruments
which are legally binding on India through various international conventions and
international Human Rights instruments which are ratified by India. I think at the present
time, the time is ripe for us to try to push it (Uniform Civil Code) through. To sum up in last,
it can be said for citizens belonging to different religions and denominations, it is imperative
that for promotion of national unity and solidarity a unified code is an absolute necessity on
which there can be no compromise. Different streams of religion have to merge to a common
destination and some unified principles must emerge in the true spirit of Secularism. India
needs a unified code of family laws under an umbrella of all its constituent religions. Whether
it is the endeavour of the State, the mandate of the court or the Will of the people is an issue
which only time will decide.

The term Uniform Civil Code envisages administration of the same set of secular rules to
govern people belonging to different regions and holding different religious beliefs. The term
is used to denote a set of rules and regulations that govern all personal matters like, marriage,
adoption, divorce, maintenance and inheritance including matters related to property and
personal status of citizens.

Article 44 of the Indian Constitution enshrines this principle as a Directive Principle of State
Policy, it reads;

The State shall endeavour to secure for the citizens a uniform civil code throughout the
territory of India.

Though the exact outlines of such of code are yet to be spelled out it should presumably
incorporate the most progressive and modern aspects from all existing personal laws of
various religions while disregarding those who are regressive. As things currently stand in
India, different communities have different laws governing different aspects of their daily
lives, i.e., the laws governing inheritance and divorce among muslims would be different
from those of Christians and Hindus.

The Uniform Civil Code is seen as the sign of a progressive nation; it shows that the nation
has moved beyond the traditional demarcations based on religion, sex, caste and place of
birth. It is seen as a beacon to facilitate much needed social growth in India along with
economic growth. However, there are many who advocate that with the implementation of
UCC the secular fabric of our country would be threatened and it would be a potential threat
to the religious freedom, especially for minorities.
WHY UNIFORM CIVIL CODE DOESNT LIMIT RELIGIOUS FREEDOM?

Uniform Civil Code does not limit the freedom of people to follow their religion; it means
every person should be treated equally. Most of the personal laws have an inherent bias
against the rights of women such as unilateral oral Talaq which is called talaq-ul-biddat
which is considered to be the worst form of talaq, limited property rights of women in
Christian law or restitution of conjugal rights issue under Hindu personal law. This Bias does
not operate only against women, but also men.

The Hindu Marriage Act 1955, is the only personal law that provides for alimony from the
wife to the husband, even the Foreign Marriage Act 1969 or The Special Marriage Act 1954,
which are supported to be gender neutral have no provision under which the husband can
demand alimony from his wife. Similarly personal laws do not provide for inter-religious
marriage thus prove to be divisive in society. Some benefits may also be considered
unconstitutional for example, the Hindu Undivided Family gets tax exemptions and muslims
must not register gift deeds, such benefits are based on religion and thus unconstitutional.

Further, an extra burden is added on the judiciary when different communities are governed
by different laws. Bringing in a Uniform Civil Code would help reduce it and also help
simplify a lot of technicalities and inherent confusions that are attached to present personal
laws. Thus, addressing loopholes present in pre-existing personal laws.

Another important advantage of implementing the Uniform Civil Code is that it will bring an
end to dirty vote bank politics which is relied upon by a majority of the political class to meet
their ends. This is because if all of the India has the same set of laws governing it, then the
politicians will have nothing to offer to the community on religious grounds in exchange for
votes. The Supreme Court of India also has time and again reiterated the importance of
enacting a Uniform Civil Code.

I do not understand why religion should be given the vast, expansive jurisdiction, so as to
cover the whole of life and to prevent the legislature from encroaching upon that field.

Every modern nation which has truly embraced Secularism has a Uniform Civil Code.

THE ROAD AHEAD FOR UNIFORM CIVIL CODE:

The issue of implementation of a Uniform Civil Code has been severely politicized with two
upper sides that have now formed; the congress along with Muslim conservatives versus the
Right wing and Left. The debate over UCC is one of the most controversial issues in 21 st
century India with its manifold implications, mainly on the secularism of the country.

One of the major problems of implementing UCC is the diversity in religious laws of our
country which differ by community, religion, section and caste. The seed of doubt in the
minds of people especially the minorities that the religious ideologies of the majority religion
will be imposed upon them is what needs to be eradicated, for an introduction of a draft of
UCC and a subsequent smooth implementation.

Presently Goa has a common family law, also known as the Goa Civil Code. It is a set of civil
laws that govern all goans, irrespective of their religious beliefs; though it is quite different
from a Uniform Civil Code and has certain exceptions for some communities it shows that
enactment of a uniform code is indeed quite feasible in India.

Bringing the UCC would help and reduce many technicalities and loopholes present in
present existing personal laws, it was an aspiration of our constitution makers. The
government must draft a common civil code with the view of all minorities and their best
interests in mind; it must consult the Law Commission, National Commission for Women,
National Human Rights Commission, Former Supreme court and High Court judges and
Attorney Generals. A sudden enactment might disrupt communal harmony. Thus a set of
steady reforms is the must. The government must implement the Uniform Civil Code in the
true spirit of Article 44 of the Constitution.

Article 44: A DEAD LETTER

The Supreme Court of India, in a thought provoking judgment in Sarla Mudgal Case, once
again stressed the need for a Uniform Civil Code. The courts epoch making decisions has
forcibly drawn the moribund attention of the Government of India towards the sorry plight of
Article 44 of the Indian Constitution. The dynamic and apposite attitude adopted by the
Supreme Court has certainly sent right signals by sending shock waves into the camps of
power-monger political tribe and religious fundamentalists. Constitution came into force in
1950. Since then, Article 44 has been gathering dust with no government at the centre ever
having any guts and wisdom to touch it. Figuratively speaking, it has remained a dead letter.
The tragic situation certainly buries the spirit of the Constitution a thousand fathoms deep.
The sensational verdict has stolen the show by throwing light on the unused area of the
constitution.
Alibet the courts observation vis--vis Article 44 are only Obiter Dictium in nature, it has
drawn the attention of the nation toeards the unfinished agenda of the Constitution.

UNIFORM CIVIL CODE A DREAM YET TO BE REALISED

All laws including penal laws are applied to one and all in this country without any
distinction as to religion, race, caste, creed, sex etc. the anomaly is that it is not so apropos of
Muslim personal law. The matters vis--vis marriage, inheritance, divorce, conversion etc in
the Muslim religion are governed by their personal law. There is an urgent need to rectify this
uneven and higgledy piggledy situation so as to bring light in the lives of Muslim
womenfolk in India. Our country and one law shall be the lodestar. Personal laws must make
room for the Uniform Civil Code. Secularism is one of the basic features of the Constitution.
The introduction of UCC would certainly be in conformity with the tenets of secularism.

Turning a nelsons eye by the rulers at the centre towards the constitutional goal under Article
44 would tantamount to a fraud on the Constitution. It is high time that life is infused into it.
The Supreme Court of India has been, time and again drawing the diligence of the
government towards UCC whenever it is faced with a ticklish issue like the present one. In
fact UCC was not an issue before the court in Sarla Mudgal Case but the honourable Judges
were compelled by the peculiar piquant facts of the case to air their views on the paramount
need for UCC.

A Constitution bench of the court speaking through Justice Y.V. Chandrachud in Shah
Begums case righty observed that:

It is also a matter of regret that Article 44 of our Constitution has remained a dead letter. It
provides that The state shall endeavour to secure for the citizens a Uniform Civil Code
throughout the territory of India.

The recent issue on the Triple Talaq Debate where the Muslim Law Board says that UCC
Not good for nation on 13th October 2016.

The Muslim Personal Law Board said that a Law Commission questionnaire to gauge public
opinion on triple talaq and other anti-women practises across religions, is a fraud, that it will
boycott it and that a Uniform Civil Code is not good for India. The Muslim Board also said
that the law commission isnt acting independently and is instead acting at the behest of the
centre, which last week opposed the practise of triple talaq in the Supreme Court and said it
cant be regarded as an essential part of religion.
A Uniform Civil Code is not good for this nation. There are so many cultures in this nation,
they have to be respected. India cant impose a single ideology said the Muslim Board. The
Commission in its questionnaire asks whether triple talaq which according to Islamic law
based on the quran permits a husband to pronounce talaq three times to instantly divorce his
wife should be abolished altogether, retained only in customs without legal sanctity or
retained with suitable amendments.

The Muslim said that the Triple Talaq is a personal law and hence cannot be modified by the
centre. We are living in this country with an arrangement held by the constitution. The
constitution has made us live and practise our religion. In America everyone follows their
personal laws and identity, how come our nation doesnt want to follow their steps in this
matter?

The centre has countered the claim of the Muslim Law Board and said, Practises of triple
talaq, polygamy and nikah halala cannot be regarded as an essential part of religion and hence
get no protection under fundamental right to religion. The Muslim Board also stated that
Muslims equally participated in Indias freedom struggle, but their participation is always
underestimated.

WHY INDIA NEEDS A UNIFORM CIVIL CODE:

The brave fight up by Muslim women against the practise of triple talaq has once again
brought into focus the lack of a uniform civil code in India. The Narendra Modi government
has now asked The Law Commission to examine the issue. This is hopefully the first step
towards the implementation of something that has been delayed for far too long.

India needs a Uniform Civil Code for two principle reasons:

First, a secular republic needs a common law for all citizens rather than differentiated rules
based on religious practices. This was a key issue debated during the writing of the
constitution, with passionate arguments on both sides. The Indian Constitution was eventually
stuck with a compromise solution, a directive principle that says: The state shall endeavour
to secure for citizens a uniform civil code throughout the territory of India.

Several members of the Constituent Assembly disagreed vehemently with the compromise.
Among them were the trio of Minoo Mansani, Hansa Mehta and Rajkumari Amrit Kaur. As
Kaur agreed: One of the factors that have kept India back from advancing to nationhood has
been the existence of personal laws based on religion which keeps the nation divided into
watertight compartments in many aspects of life.

Later, in the first decade after independence, the opposition from Hindu conservatives to the
Hindu Code Bill was eventually overcome. Nothing similar was tried when it came to
Muslim conservatives. The political leadership of the day mistakenly decided to not take on
conservative muslim opinion just after the trauma of partition.

There is a second reason why a uniform civil code is needed: gender justice. The rights of
women are usually limited under religious law, be it Hindu or Muslim. The practice of triple
talaq is a classic example. It is important to note that B.R. Ambedkar fought hard for the
passage of the Hindu Code Bill because he saw it as an opportunity to empower women. The
great Muslim social reformer Hamid Dalwai also made the rights of women a central part of
his campaign for a uniform civil code.

It is unfortunate that the demand for a uniform civil code has been framed in the context of
communal politics. Too many well-meaning people see it as majoritarianism under the garb
of social reform. They should understand why even the courts have often said in their
judgements that the government should move towards a uniform civil code. The judgement in
the Shah Bano case is well known, but the courts have made the same point in several other
major judgements.

The move towards a common civil code cannot be a hasty one. There is the obvious political
challenge on assuaging the fears of the Muslim community. The government will have to
work hard to build trust, but more importantly, make common cause with social reformers
rather than religious conservatives, as has been the wont of previous governments.

One strategic option is to follow the path taken after the fiery debates over the reform of
Hindu civil law in the 1950s. Rather than an omnibus approach, the Modi government could
bring separate aspects such as marriage, adoption, succession and maintenance into a uniform
civil code in stages.

The civil law in Goaderived from the Portuguese Civil Procedure Code of 1939could be
a useful starting point for a national debate. The coastal state continued with its practice of
treating all communities alike even after its entry into the Indian Union. The government
would also do well to complement the overdue move towards a uniform civil code with a
comprehensive review of several other laws in the context of gender justice. That too is
important in our times.

The underlying principle should be that constitutional law will override religious law in a
secular republic. Many practices governed by religious tradition are at odds with the
fundamental rights guaranteed in the Indian Constitution. Even those who argued in the
Constituent Assembly for continuing with different civil codes were not arguing on matters of
principle, but of political expediency. They hoped that India would move to a common civil
code within a decade or so.

It is now 66 years since the Constitution came into force. It is high time there was a decisive
step towards a common civil code. If not now, then when?

UNIFORM Civil CODE IN INDIA:

Uniform Civil Code in India is the proposal to replace the personal laws based on the
scriptures and customs of each major religious with a common set governing every citizen.
These laws are distinguished from public law and cover marriage, divorce, inheritance,
adoption and maintenance. Article 44 of the Directive Principle of State policy in India sets
its implementation as duty of the state. Apart from being an important issue regarding
secularism in India, it became one of the most controversial topics in contemporary politics
during the Shah Bano case in 1985. The debate then focused on the Muslim personal law,
which is partially based on the Sharia Law and remains unreformed since 1937, permitting
unilateral divorce and polygamy in the country. The Bano case made it a politicized public
issue focused on identity politics by meansof attacking specific religious minorities versus
protecting its cultural identity. In contemporary politics, the Hindu right wing Bharatiya
Janata Party and the left support it while the congress party and the All India Muslim
Personal Law Board oppose it.