India, as a diverse and secular nation, faces challenges in civil matters like marriage, divorce, inheritance, and adoption due to the varied personal laws of different religions. The concept of a Uniform Civil Code (UCC) was envisioned by the framers of the constitution to unify these laws across the country. However, due to resistance from religious groups, UCC remains unimplemented in law, existing only as a directive principle for future governments. The Special Marriage Act (SMA) represents a significant step towards achieving this uniformity, albeit as an optional alternative to personal laws.
The civil code encompasses laws governing marriage, divorce, adoption, inheritance, and more, ensuring secular governance across all communities. India's diversity includes varying laws based on religion, gender, sect, domicile, and marital practices, alongside numerous customary laws. A UCC aims to unify these laws to promote national unity and secularism, ensuring equal rights under one set of laws for all citizens.
Article 44 of the Indian Constitution places UCC under the Directive Principles of State Policy (DPSP), making it a non-justiciable but morally imperative guideline for future legislative action. The Constitution's framers deferred its immediate enforcement to allow societal healing post-partition and readiness for legal reforms.
Enacted in 1954, the SMA allows individuals of any religion or creed to marry under a secular law, circumventing the barriers posed by personal laws. It provides a legal framework for inter-religious and inter-caste marriages, promoting social integration and overcoming restrictions imposed by religious laws.
Despite its benefits, UCC faces strong opposition from religious groups fearing loss of autonomy over personal laws. The perceived threat to cultural identities and minority rights complicates its legislative adoption, requiring careful societal dialogue and legislative consensus.
Landmark cases like Mohd. Ahmed Khan v. Shah Bano Begum and Shayara Bano v. Union of India have highlighted the need for gender justice and modernization within personal laws. Judicial interventions have urged legislative reforms aligned with constitutional values of equality and justice.
India's preamble declares it a secular nation committed to justice, liberty, and equality. Personal laws, however, continue to perpetuate inequalities based on outdated customs and practices. While SMA represents a progressive step towards UCC by providing a secular marriage option, full implementation of UCC remains a constitutional goal yet to be realized.
Leave a comment