Why in the News?

Prime Minister renewed his call for a nationwide Uniform Civil Code (UCC), citing the views of Dr. B.R. Ambedkar and KM Munshi from the Constituent Assembly discussions.

What is Uniform Civil Code (UCC)?

UCC is envisioned under Article 44 of the Constitution, which calls for securing a UCC for all citizens throughout India.
- Personal law subjects, including marriage, divorce, and inheritance, fall under the Concurrent List.
Hindu personal laws: Also applicable to Sikhs, Jains, and Buddhists as well, were codified by Parliament in 1956, encompassing: The Hindu Marriage Act, 1955 The Hindu Succession Act, 1956 The Hindu Minority and Guardianship Act, 1956 The Hindu Adoption and Maintenance Act, 1956.
Muslim personal matters are governed by the Shariat law of 1937.
The state refrains from interfering, and religious authorities decide based on Quran and Hadith.
UCC measures in India:

Special Marriage Act, 1954: Permits civil marriage for any citizen, regardless of religion, allowing marriage outside religious customs.
Shah Bano Case 1985: Supreme Court ruled in favour of Shah Bano for maintenance under Section 125 of CrPC, advocating for a UCC.
Sarla Mudgal Judgement 1995 and Paulo Coutinho vs Maria Luiza Valentina Pereira case 2019: Supreme Court reiterated the need for implementing the UCC, urging the government to enact it.

Support for UCC: During the Constituent Assembly debate on November 23, 1948, KM Munshi advocated for the UCC. He rejected the argument that it would be tyrannical towards minorities.
Counterarguments: Munshi pointed out that advanced Muslim countries did not regard personal law as untouchable and had implemented civil codes.
Equality for Women: He emphasized that without a UCC, women’s rights in personal matters (like inheritance and succession) would remain unequal, particularly in Hindu law, which discriminated against women.
National Unity: Munshi linked UCC with national unity, stating that religion should be restricted to spiritual spheres and that social and civil matters should be regulated uniformly for the progress of the nation.

Support for UCC: Dr. B.R. Ambedkar, in the debate, did not delve into the merits or demerits of a UCC but strongly supported Article 35 (which was later renumbered as Article 44 of the Constitution of India), which called for securing a uniform civil code for citizens.
Challenging Religious Personal Laws: He criticized the view that Muslim personal law was immutable and noted that regions like the North-West Frontier Province (pre-independence) followed Hindu law for issues like succession.
State Power and Personal Law: He argued that religion should not govern personal laws and that the State had the right to legislate and reform social systems to address inequities and discriminations in personal laws.

Passage of Article 35: After discussions, Article 35 was passed by the Constituent Assembly. This article laid down the directive principle that the State shall endeavor to secure a UCC for the citizens of India.
Renumbering to Article 44: Later, this article was renumbered as Article 44 in the Indian Constitution. It continues to remain a Directive Principle of State Policy (DPSP), guiding future policies on personal laws and advocating for uniformity in civil matters across religious communities.