The Uniform Civil Code: A Pathway to Equality and Justice in India

What is a Uniform Civil Code?

A Uniform Civil Code (UCC) is a framework of laws designed to apply equally to all citizens of India, irrespective of their religious beliefs or personal convictions, particularly in areas such as marriage, divorce, inheritance, and adoption. This means that all individuals, regardless of their faith, would adhere to the same legal standards. The core objective of the UCC is to prevent discrimination and ensure that justice is accessible to everyone, fostering harmony and equality within India's diverse society. However, the topic of UCC is sensitive as it touches upon deeply personal and emotional issues.

Do We Have a Uniform Civil Code in India?

While the Indian Parliament has enacted laws to modernize Hindu personal laws extensively, the personal laws of other religions remain largely influenced by their respective traditions. This raises questions about the equity and justice of the current system.

Critical View of Personal Laws in India

Although the existing policy reflects India's pluralism and tolerance, it often undermines gender justice and the rights of children. Different religions have varying customs regarding adoption and guardianship, which can lead to inconsistencies in legal protections.

The Goa Family Law

Goa stands out as the only state in India that has implemented a Uniform Civil Code. The Goa Civil Code, or Goa Family Law, governs all residents of the state, irrespective of their religion or ethnicity, owing to its unique historical background. This legal framework is based on the Portuguese Civil Code of 1867, which was applied in Goa from 1870 and continued even after Goa's integration into India in 1961.

Progressive Aspects of the Goa Family Law

The Goa Family Law distinguishes itself from Indian personal laws through several progressive features:

• Inheritance Rights: Parents cannot entirely disinherit their children; at least half of their property must be inherited by them, and this property must be divided equally among all children.
• Joint Ownership: Married couples jointly own all assets acquired before and after marriage. In the event of a divorce, both spouses are entitled to half of the assets, although ante nuptial agreements can stipulate alternative arrangements.
• Polygamy Restrictions: Muslim men whose marriages are registered in Goa cannot engage in polygamy, and verbal divorce is not permitted.

Shortcomings of the Goa Personal Law

Critics point out several shortcomings in the Goa personal law:

• The Hindu men retain the right to bigamy under specific circumstances, such as the inability of the wife to bear a child by the age of 25 or a male child by 30, while other communities face restrictions against bigamy.
• Pre-marital agreements can undermine the principle of joint property ownership.

Supreme Court's Role in Promoting Justice

The Supreme Court of India has played a pivotal role in addressing issues related to the Uniform Civil Code. Notable judgments include:

• Shah Bano Case (1985): The Court ruled that a divorced Muslim woman was entitled to maintenance beyond the iddat period, highlighting discriminatory provisions within Muslim personal law and igniting discussions on the necessity of a UCC.
• Sarla Mudgal Case (1995): The Court emphasized the need for a UCC by prosecuting a Hindu man who converted to Islam to marry again without divorcing his first wife.
• Shabnam Hashmi v. Union of India (2014): The ruling allowed anyone, regardless of religion, to adopt under the Juvenile Justice Act, challenging traditional personal laws that did not recognize adoption.
• Joseph Shine Case (2018): The Court decriminalized adultery, reinforcing the call for a UCC to eliminate discriminatory legal provisions.
• Shayara Bano Case (2017): The practice of Triple Talaq was declared unconstitutional, as it violated fundamental rights.
• ABC v. The State (NCT of Delhi): The Court ruled that an unwed Christian woman could become a legal guardian of her child without needing the father's consent.

These landmark judgments underscore the importance of a Uniform Civil Code in fostering justice and equality across all religions in India.