Misconceptions and Positive Approaches Towards UCC

The hurdles in the path of development of the UCC are various misconceptions that has been taken place in the minds of people. The utmost necessity is to understand the correct meaning, scope and exact nature of article 44. Because if one carefully tries to understand and analyze this provision of our constitution, then honestly a rational conclusion can be drawn. The fundamental nature is that, this article wants the government to go for uniform laws, in a long run to secure uniformity in the nation. It does not have any linkage with the religious matters, the application of the civil law must be uniform. There are various misconceptions, about this UCC, that the majority have given up their personal laws for the sake of uniformity, when the Hindu law was modified in 1955-56, and has rectified all the evil practices, which is not true still with time it needs to go several changes. Another misconception is that it is targeting the minority, that they are the only one preventing the implementation, as they have their personal laws, which is against gender justice[1]. And the last thing is all of us have to leave our personal law and have to live for the sake of unity. They need to understand, the desire is to provide uniformity in civil laws, and to shift the laws from varied to uniform. As said by Former Chief Justice of India[2], “In the process of evolving a new Secular Social order a common, Uniform Civil Code is a must”.

To this the ultimate words of the former Chief Justice of India, Justice S.A. Bobde[3] on 27th of March, 2021 can be recapitulated, where he urged the intellectuals and academicians who are against the concept of Uniform Civil Code to take a look on the administration of justice, that how the Goans are governed by UCC on issues related to marriage, succession, etc., irrespective of religions norms. Even in one of the judgements on Jose Paulo (2019) the Supreme Court had referred goa as shining example of UCC. Goa is the only state in India that has UCC, then why not we can take inspiration from it and make this UCC happen.  In Goa, all Hindus, Muslims, Christians, etc. are bound by the uniform law that deals with the civil subject matters. By the virtue when Goa Daman and Diu administration act 1962, the Portuguese civil code of 1867 was authorized by the parliament when became the part of Union territory. In Goa, marriages are treated as a contract between two people. The property division is equal after divorce. And they need to register every civil matter, before the office of civil registrar irrespective of their religion or beliefs. In S.R. Bommai[4] vs. Union of India, 1994. Justice Reddy held that, “religion is the matter of individual faith and cannot be mixed with secular activities. But secular activities can be regulated by the State by enacting a law”. The doctrine of secularism as accepted and implemented in states like America and Europe, has undergone a process of renaissance, reformation and enlightenment is one law not interfered by the any religious matter. UCC are just guidelines and are not justiciable or enforceable in the court of law, the directives say that, the state should keep in mind the DPSP while formulating any law. And in this regard Dr. B.R. Ambedkar[5] said “UCC is desirable but for the moment it should remain voluntary”.

Conclusion

At the core of the entire controversy which thoroughly is revolving around UCC and its implementation are the provision mentioned in our constitution, that can be our preamble and the freedom of religion. As our preamble declares India to be Sovereign, Socialist, Secular, Democratic, Republic. Which says that state doesn’t have any particular religion of its own, but the adversary has interpreted it to mean a state of common religion, which absolutely against the soul of our preamble and the freedom mentioned. It is not an anti-religion provision that the farmers of constitution thought of. Article 25 of our constitution guarantees the people the freedom of conscience, the right to profess and propagate religion, but all these are subjected to different subjects like morality, health, public orders and also to other provisions in part III of constitution which forms the basic structure. The Supreme Court of India through a number of landmark judgements, has always taken positive inclination towards the concept of UCC, but no concrete steps have been taken to implement it to the fullest. And it is even not possible, due to the existence of debates that doesn’t have any rational interpretation.  It can be concluded at the end that, the social customs and norms, the sentiments and the mindset of peoples are making UCC still a motionless approach in Indian society. But as we can see, the needs are raising as justice is a getting strong stand in society, may be UCC can be recognized very


[1] https://en.wikipedia.org/wiki/Uniform_Civil_Code

[2] https://indianexpress.com/article/explained/explained-after-cji-bobdes-remarks-on-uniform-civil-code-a-look-at-its-status-debate-around-it-7249410/

[3] http://www.legalservicesindia.com/article/2157/Uniform-Civil-Code-in-Goa.html

[4]http://14.139.60.114:8080/jspui/bitstream/123456789/17815/1/029_Uniform%20Civil%20Code_A%20Suggestion%20(448-457).pdf

[5] https://lexcliq.com/implementation-of-uniform-civil-code-in-india/

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