By Kartikeya Misra, Debjyoti Samaddar, Shreyasi Singh, Shubhangi Verma and Yash Bhatnagar*

The state is required by Article 44 of the Indian Constitution to work towards establishing a uniform civil code for all of India’s inhabitants. The UCC is designed to replace these personal rules and establish a single common law that is applicable to everybody, as various religions follow their own personal laws that regulate interpersonal relations and related difficulties.

Moreover, The Supreme Court of India has weighed in on the issue of a Uniform Civil Code on several occasions. In the 1995 case of Mohammed Ahmed Khan v. Shah Bano Begum, the Supreme Court ruled that the government was obligated to take steps to implement a Uniform Civil Code.

However, one needs to examine how it will affect multiple laws – specifically based on secular inclusion.

Hinduism

Existing legislation like the Hindu Marriage Act (1955) and the Hindu Succession Act (1956) would need to be revised if the UCC were to be implemented.

For instance, Section 2(2) of the Hindu Marriage Act states that the Scheduled Tribes are exempt from its prohibitions. The law specifies in sections 5(5) and 7 that customary practises will take precedence over the rules. However, UCC won’t permit any of these exceptions.

Islam

The Muslim Personal (Shariat) Application Act, 1937, states that Shariat or Islamic law will guide marriage, divorce, and maintenance. If the UCC comes in, then the minimum age of marriage under the Shariat law would be changed and polygamy could be abolished.

Sikhism

Marriage laws that govern the Sikh are covered by the Anand Marriage Act of 1909. However, there is no provision for divorce. The Hindu Marriage Act then governs Sikh separations, but if UCC is introduced, a common law is likely to apply to all communities and marriages registered under the Anand Act.

Zoroastrianism  

Under the Parsi Marriage and Divorce Act 1936, any woman who marries someone from another religion loses all rights to Parsi rituals and customs. If the UCC comes, this provision will be abolished. Parsis do not recognise the rights of adoptive daughters, while an adopted son can only perform the last rites of the father. So, if the UCC is introduced, then the guardianship and custody laws for all religions will be common, and this will go.

Christianity

UCC will impact Christian personal law, such as inheritance, adoption, and succession. Still, it is the aspect of marriage and the non-recognition of divorce by the Catholic Church which will need more consideration. Section 10A(1) of the Christian Divorce Law makes the separation period of two years mandatory for any couple to get a mutual divorce, but if UCC comes in, this would be universal. The Succession Act of 1925 gives Christian mothers no right to the property of their deceased kids. All such property is to be inherited by the father. This provision would also be abolished if UCC comes in. 

While UCC will impact personal laws, the basic nuance of it, as mentioned in Article 44, is to amalgamate diversified laws under one roof for due process of law and order and to curb away dominance in terms of religious demography.

Current Scenario

A recent unstarred question in a Lok Sabha Session addressed towards Shri Arjun Meghwal (Minister Of State (Independent Charge) Of The Ministry Of Law And Justice; Minister Of State In The Ministry Of Parliamentary Affairs; And Minister Of State In The Ministry Of Culture) asked for the effects of UCC on current laws on which Shri Arun reiterated that the Government had requested the 21st Law Commission of India to undertake examination of various issues relating to uniform civil code and to make recommendations thereon.

* Kartikeya Misra, Debjyoti Samaddar, Shreyasi Singh, Shubhangi Verma and Yash Bhatnagar are members of the Kautilya Society at Dr. Ram Manohar Lohiya National Law University, Lucknow.