One Nation, One Law | Uniform Civil Code 2023
Summary
TLDRThis video discusses the Uniform Civil Code (UCC) in India, exploring its potential to unify personal laws across religions and address issues like polygamy, inheritance disparities, and child marriage. It delves into historical context, legal debates, and the Supreme Court's role, emphasizing the need for equality and national integration.
Takeaways
- 📚 The concept of Uniform Civil Code (UCC) aims to bring uniformity in personal laws across different religions in India, such as Hindu, Muslim, Sikh, Christian, and Parsi.
- 🇮🇳 Article 44 of the Indian Constitution encourages the implementation of UCC, which is currently a Directive Principle of State Policy rather than a fundamental right.
- 🔍 The Supreme Court has emphasized the need for UCC, but its implementation is seen as a complex task due to the diverse personal laws and cultural practices in India.
- 🏛️ Personal laws in India are currently based on religious traditions, leading to disparities in areas like marriage, divorce, inheritance, and maintenance rights.
- 🏆 The Hindu Code Bill was passed in 1955, marking a significant step towards uniformity in Hindu personal laws, but similar efforts for other religions have been less successful.
- 👥 The debate on UCC often centers around issues like polygamy, inheritance rights, and maintenance claims, which vary significantly between different religious communities.
- 📉 The Law Commission of India has previously concluded that UCC is neither necessary nor desirable at the current stage, highlighting practical difficulties in its implementation.
- 🏢 The Indian states have differing views on UCC, with some supporting it and others opposing, reflecting the regional diversity and complexity of the issue.
- 👩⚖️ The Supreme Court has intervened in personal laws in cases like the Shah Bano case and the Triple Talaq judgment, indicating that personal laws can be subject to constitutional scrutiny.
- 🔄 The idea of UCC is not just about legal uniformity but also about promoting gender equality, national integration, and ensuring that personal laws do not infringe on fundamental rights.
- 🌐 The discussion on UCC is ongoing, with the 22nd Law Commission recently seeking public and religious organizations' views on the matter, indicating that the debate is still very much alive.
Q & A
What was the status of untouchability in India before the 1950s?
-Untouchability was legal in India until the 1950s.
What is the concept of Uniform Civil Code (UCC)?
-Uniform Civil Code (UCC) refers to a law that aims to bring uniformity in personal laws across different religions in India, such as Hindu, Muslim, Sikh, Christian, and Parsi.
Why is the Uniform Civil Code considered necessary?
-The Uniform Civil Code is considered necessary to address the disparities and inequalities in personal laws that vary from religion to religion, leading to issues in matters like marriage, divorce, inheritance, and maintenance.
What is the current legal status regarding marriage under the age of 18 in India?
-Currently, marriage under the age of 18 is prohibited in India, except for certain religious communities where it is allowed, which is seen as an exception to the uniform law.
How does the Hindu Code Bill relate to the Uniform Civil Code?
-The Hindu Code Bill, passed in 1955, was an early attempt at uniform codification of Hindu personal laws, which is a step towards the broader goal of the Uniform Civil Code.
What is Article 44 of the Indian Constitution?
-Article 44 of the Indian Constitution is a directive principle of state policy that calls for the establishment of a Uniform Civil Code, aiming to bring uniformity in personal laws across all religions.
What are some of the differences in personal laws among different religions in India?
-Differences in personal laws among different religions in India include the number of marriages allowed, grounds for divorce, inheritance rights, and the rights to maintenance after divorce.
What was the significance of the Shah Bano case in the context of Muslim personal laws?
-The Shah Bano case was a landmark case where the Supreme Court of India ruled that Muslim women were entitled to maintenance under Section 125 of the CRPC, despite the government later overturning this judgment with the Muslim Women (Protection of Rights on Divorce) Act.
How did the Supreme Court's judgment on Triple Talaq affect Muslim personal laws?
-The Supreme Court declared the practice of Triple Talaq unconstitutional, stating it was not an essential religious practice, and suggested that Parliament has the authority to address issues like Nikah Halala and polygamy.
What are some of the challenges in implementing the Uniform Civil Code in India?
-Challenges in implementing the Uniform Civil Code in India include the diverse attitudes towards marriage, divorce, and inheritance across different religions, as well as the need for consensus and respect for religious diversity.
What is the current stance of the Indian government and judiciary on the Uniform Civil Code?
-The Indian government, particularly the BJP, has expressed support for the Uniform Civil Code, and the judiciary has acknowledged its importance. However, the Supreme Court has stated that it is not the correct forum to enact the UCC and that it is a task for the Parliament.
Outlines
📚 Introduction to Uniform Civil Code
The video script begins by discussing the historical context of legal practices in India, particularly the issues of untouchability, polygamy, underage marriage, and gender inequality in inheritance. The host, Priya, introduces the topic of the Uniform Civil Code (UCC), emphasizing its importance in addressing these issues. The script highlights the Supreme Court's call for a UCC and the concept of uniformity in law, contrasting it with the existing personal laws that vary by religion. The Hindu Code Bill of 1955 is mentioned as an example of successful uniform legislation, and the script sets the stage for a deeper exploration of the UCC's implications and challenges.
🔍 Exploring Personal Laws and the Need for Uniformity
This paragraph delves into the specifics of personal laws in India, contrasting them with the principles of uniformity. It discusses how IPC's section 494 criminalizes polygamy for all except Muslims, who are allowed up to four marriages. The script also touches on inheritance laws, where Hindu women inherit equal shares, while Muslim women receive less. Maintenance rights for Muslim women are also highlighted as an area of inequality. The age of marriage is another point of contention, with a uniform age set by Indian law, except for certain religious exceptions. The paragraph questions whether the UCC debate is primarily a Hindu-Muslim issue and emphasizes the need to remove discriminatory laws for societal progress.
🏛️ Legal History and the Supreme Court's Role
The script explores the historical development of personal laws in India, from the Hindu Shastra and Muslim Sharia Law to the British imposition of English Common Law. It discusses the establishment of courts and the codification of laws like the Hindu Widow Remarriage Act and the Muslim Personal Law Application Act. The drafting of the Indian Constitution and the inclusion of Article 44, which calls for a Uniform Civil Code, is also covered. Key legal cases, such as the Shah Bano case and the Shayara Bano case, are highlighted to illustrate the Supreme Court's role in interpreting and shaping personal laws. The paragraph concludes with a discussion of the recent PIL filed in 2023, which the Supreme Court deemed inappropriate for judicial intervention, emphasizing that only the Parliament can enact the UCC.
🌐 Debates on Uniform Civil Code: Pros and Cons
In this paragraph, the script addresses the ongoing debates surrounding the UCC, discussing both its potential benefits and the challenges it faces. The pros include promoting gender equality, national integration, and reforming existing personal laws. The cons highlight the public perception that UCC infringes on religious freedom and the practical difficulties in implementing a uniform law across diverse religious practices. The script also discusses the Law Commission's stance on UCC, noting that it was deemed neither necessary nor desirable at the current stage. The paragraph concludes with a call to action for viewers to engage in discussions about the UCC and to share their thoughts on the topic.
👋 Conclusion and Call to Action
The final paragraph wraps up the video by encouraging viewers to share the content and engage in discussions about the UCC. It emphasizes the importance of civilized discourse and the role of each individual in contributing to a more informed and progressive society. The host also invites viewers to subscribe to the channel and follow their Instagram page, Finology Legal, for more content on similar topics. The paragraph ends with a friendly farewell, setting the stage for future discussions and content.
Mindmap
Keywords
💡Uniform Civil Code (UCC)
💡Personal Laws
💡Article 44
💡Diversity
💡Hindu Code Bill
💡Shastra
💡Sharia Law
💡English Common Law
💡Directive Principles of State Policy (DPSP)
💡Fundamental Rights
💡National Integration
Highlights
Untouchability was legal in India until the 1950s.
Discussion on the legality of multiple marriages and child marriage in India.
Inequality in inheritance rights between males and females in matters of succession.
Muslim women's inability to claim maintenance like other Indian women.
Introduction of the Uniform Civil Code (UCC) by Priya in today's video.
The Supreme Court's emphasis on bringing a Uniform Civil Code.
Article 29 of the Indian Constitution and the right to culture as a fundamental right.
Uniformity in laws in India except for personal laws, which vary by religion.
Article 44 and the concept of Uniform Civil Code for all religions in India.
The challenge of implementing a Uniform Personal Law in a diverse country like India.
Historical context of personal laws in India, including Hindu and Muslim laws.
The role of the British in enforcing English Common Law and the impact on personal laws.
The drafting of the Indian Constitution and the debate over including the Uniform Civil Code.
Examples of differences in personal laws in India, such as marriage, divorce, and inheritance rights.
The debate on whether UCC is a Hindu-Muslim issue and the potential for societal radicalization.
The Supreme Court's role in interfering with personal laws and the landmark cases of Shah Bano and Shayara Bano.
The recent PIL filed in the Supreme Court regarding the UCC and the court's response.
The 22nd Law Commission's public consultation on UCC and the previous 21st Law Commission's report on the necessity of UCC.
The potential for reforming personal laws without implementing UCC and the importance of respecting diversity.
The distinction between fundamental rights and Directive Principles of State Policy in the context of UCC.
Pros and cons of the Uniform Civil Code, including potential for gender equality and national integration.
Transcripts
Till the 1950s, Untouchability was legal in India.
You tell me, on today's date
let it be exceptional
I'm talking about in the rarest of the rare situation
Should it be legal for a person to do 4 marriages?
Should it be legal to marry under 18 years old?
In the matters of Succession and Inheritance
Females will get less than half in comparison with males.
Should this be legal?
And a Muslim women
cannot claim Maintenance like rest of the Indian women.
Why this should be acceptable?
All this and many more like this
unasked questions
we will discuss in today's video.
Hey everybody, I am Priya
and in today's video
we are going to talk about Uniform Civil Code.
Either this comes
or not
nut the problems going on in the country
it's important to discuss those.
Let's start today's video.
"The Supreme Court has a lot of time emphasized"
"It says"
"bring Uniform Civil Code."
"Article 29"
"Right to culture is a Fundamental Right."
"Think about it many times"
"that no storm should come anywhere"
"if they took any steps on it."
In India, all of the laws are applied the same.
If I have done a murder or you have done a murder
the punishment will be the same.
This is called Uniformity.
There are already a lot of uniform laws existing in India
whose biggest example is Constitution Of India.
Besides this Contract Act, IPC, CPC
there are many laws.
This uniformity's single exception is Personal Laws.
Which varies from religion to religion.
Currently, in India there are
Hindu, Muslim, Sikh, Christian, Parsi
all of them have different personal laws,
which causes a lot of problems.
So, at this point
let's understand what is Uniform Civil Code.
So Article 44, meaning UCC
meaning Uniform Civil Code
is such a law for Hindu, Muslim, Sikh, Christian, Parsi, all of them
talks about bringing an Uniform Personal Law.
But a country like us
where there are 110 Crore Hindus
20 Crore Muslims
4 Crore Christian, 3 Crore Sikh.
In such case
would it be so easy to bring a Uniform Personal Law
Actually, this statement is not entirely true.
Because, even at the time of Independence
Hindus were in the majority.
So in the 1950s
when new freedom was found,
new country was made,
new partition happened
new diversity, everything new.
Even with this much problems
in 1955
Hindu personal code was passed.
Meaning
Yes, in 1955
Hindu personal laws uniform codification was done.
How was this possible?
Because at this moment the Supreme Court says that
"If you have to bring any laws"
"then all the stakeholders there"
"you should consultate with them and take feedback."
But there was no such system in the 1950s.
So, what happened in the 1950s?
Elections were fought.
It was said in the election
that, "If we win and come into power"
"then we will pass the Hindu Code Bill."
They won the election.
Winning the election was considered the consent
that the Hindu Code Bill should be passed.
And Hindu Code Bill came like this.
Like for example
BJP in their election manifesto
has also talked about UCC many times.
BJP has also won the election
but can they take this election win
as a consent to implement UCC.
Let's understand it further.
Let's understand the history of personal laws in India.
Here the Hindu and Muslim angle
and in the middle the British angle, we will understand it all.
So the Hindu had Shastra.
Whose interpretation was done by Brahmins
and executed by the King.
No which type the case is
the answer for them all was given in the Shastra.
Similarly, the Muslims had Sharia Law.
which was interpreted by the Kazis
and the Nawabs executed it.
Now, when the East India Company came
they enforced English Common Law on their English subjects.
For which courts were established.
But when it came to solving the dispute of the Indian subjects
then the question arose
that which law would be followed.
Both Brahmins and Qazis
were called to interpret the Shastra and Sharia law.
Then till 1862
high courts were established in different parts of India.
And many different religious laws were also being made
like Hindu Widow Remarriage Act
Hindu Women's Right to Property Act
Hindu Inheritance Act, etc.
Similarly, laws were also codified for Muslims.
Like Muslim Personal Law Application Act
Dissolution of Muslim Marriage Act, etc.
Meaning understand that, till 1946
until the Indian Constitution's drafting a committee was set up
this was the progress till then.
Now, let's understand that
in the Indian Constitution
how did Article 44 come?
When the drafting committee was set up
a plan was made to bring in the Uniform Civil Code
and a lot of debate was done on it.
The draft had UCC in Article 35.
During the discussion, Mohammad Ismail
asked to add a proviso in this Article 35.
Which says that
"On any group, section or community"
"will have any obligation to give up their personal law."
Some members said that
UCC should be a part of Fundamental Rights.
And some opposed it.
And finally, with a majority of 5:4
it was decided that Uniform Civil Code
will be kept under Directive of State policies.
And when the constitution was enacted
then UCC was covered under Article 44.
After this, a very intelligent question will be to asked that
what are those areas
where do we want uniformity?
Because only when we know this
only then we can make uniform laws.
So, I will tell you with some examples that
how different are the personal laws in India now.
Here, the first one is
IPC's section 494.
Which says that "While having a living spouse"
"If someone does a second marriage, then it is a crime."
There is only one exception to this uniform law
that if a man is a Muslim
then he can do upto 4 marriages.
That's an exception to our penal laws.
Now, uniformity cannot come here like
that you can do as many marriages as you want.
No
The progressive world is monogamous
so uniformity will also come in that line.
After this, in Hindu law
illiterate breakdown of marriage is not a valid ground for divorce.
Next
Hindu women inherit equal Share in a property.
Where Muslim women, compared to male relatives
can inherit less than half the share.
After this, Muslim women cannot claim maintenance
for a long time like other Indian women.
And the most important difference which I think is this
that Indian law
prescribes a uniform age for marriage for all religions.
Which is 18 and 21 years.
And this is also being talked about to increase for development.
If marriage is done under this
then it is child marriage and it is prohibited.
But one religion is allowed.
There are many other examples of different religions
which are applied separately.
But one minute, one minute
is UCC a Hindu-Muslim debate?
Is society being radicalized by talking about UCC?
If I say it in a very simple way
then this whole issue is
to remove such laws from the society
which are discriminatory, and derogatory.
Which without any law or logic, are clearly wrong.
Like for example, we removed untouchability.
Imagine, at that time
while a removing social evil like untouchability
if legislators were asking everyone
that, "We are removing untouchability"
"it's not harming your religion, right?
Doesn't it feel so weird?
It's high time we realize
that they are legislators, not people pleasers.
The next very important question is that
who is supreme in Personal law and Constitutional law?
And can the Supreme Court interfere in Personal laws?
To find out the answer to this question
we have to look at some important cases of personal laws.
So if we look at some interesting cases
from the beginning of Indian legal history
then there's a very important case in 1952
in which a man was punished for Bigamy
which means to get married twice under this law.
Convict said that
this punishment and law is against my religion.
How?
Because I didn't have a son from my first wife
and according to my religion
if my son doesn't do my last rites, I won't get salvation.
And Hindu religion at that time used to say that
if you are not getting a son from your first wife
then you do a second marriage.
The court rejected all the arguments
declared the act valid and punished the person for Bigamy.
At this point, let's see some important cases of Muslim law also.
At this point, the most important
the most landmark case is Shah Bano case.
In this case, Shah Bano after 40 years of marriage
and after 5 children was given divorce.
So, in Indian law, there is a provision
CRPC's section 125
which provides maintenance protection to Indian women.
After divorce, Shah Bano
also claimed maintenance under section 125.
But her husband
filed an appeal against this maintenance.
The 5 judges' bench of the Supreme Court
and that is why it is called a landmark case.
Supreme Court clearly stated that
"Even Muslim women are entitled"
"to protection under section 125 of CRPC."
Along with this, it also stated by commenting on Article 44
that "if a uniform civil court comes"
"then it will work for national integration"
"will provide better solution in the time of conflicting ideologies."
Such a progressive judgment
the government at that time overturned it, changed it
by passing the Muslim Women Act.
This act states that Muslim women
cannot claim protection under Section 125
they cannot demand maintenance under CRPC.
If we talk about recent times
then the most important case is
Shayara Bano's, which is also called Triple Talaq judgment.
In this case, Shayara Bano's husband
pronounced Triple Talaq and divorced her.
Against which Shayara Bano
filed a writ petition in the Supreme Court
and challenged three practices of the Muslim law.
Nikah Halala
Polygamy and Talaq e biddat.
Saying that these three practices
they are derogatory and discriminatory.
Against which All India Muslim Personal Law Board said that
because Muslim personal law is not codified
it should get the protection under Article 25 of the constitution.
Meaning it cannot be done.
Meaning
the Muslim personal law cannot be challenged constitutionally.
In this case, the Supreme Court
with the majority of 3:2
declared Talaq e biddat or triple talaq as unconstitutional
because it is not an essential religious practice.
Along with they said that
if the Nikah Halala and polygamy
also have to be declared unconstitutional
then the Parliament has the correct authority.
Cut to 2023.
In March, when a PIL was filed in front of the Supreme Court
to get the UCC passed
then the court said that
The court is a wrong forum to enact the UCC.
Only the Parliament can make a law on this.
Recently, Prime Minister Narendra Modi said that
India also needs a uniform civil court.
And always
in the BJP's election manifesto
it has been promised to be implemented.
Along with this, India's 22nd Law Commission
from public and religious organizations
has asked for views and ideas on UCC.
Those who are interested
they till 14th July.
can tell their views.
But the previous 21st Law Commission
examined UCC in 2018
and also asked for views from stakeholders.
Then in the report, the Law Commission called UCC
neither necessary nor desirable at this stage.
This previous commission
highlighted many practical difficulties.
Like
in Hindu law where marriage is considered as holy sacrament
there in Christian law
divorce is still stigmatized.
In Muslim law marriage is a contract
and in Parsi laws
registration of marriage is a very important ritual.
It is very important to respect all these attitudes
and one religion cannot be imposed on another.
And if no consensus comes in UCC
then the only way to move forward
is to make changes in personal laws.
So that diversity is preserved
and at the same time to ensure that
personal laws do not contradict with fundamental rights.
It is also suggested that instead of bringing UCC
we can remove the problems in existing personal laws
and make them gender-just.
Can I ask a trick question?
Can all these problems be solved without bringing UCC?
Without passing any law.
I think yes.
We need to understand that
state has the power of the whole universe
that they can remove any social injustice.
For example, when Hindu code bill was brought
then state by using all of it's powers
removed all the problematic parts.
Then to modify the Muslim law
why UCC is so especially needed?
I think, national interest come on the very top.
Basic human rights of citizens are very important.
Dignity of individual is very important.
If we even think of bringing UCC
then also desired result can be achieved.
I feel that state should filter all the personal laws
according to today's day and age.
And all those practices
which are derogatory, discriminatory,
which are against social justice
should be declared unconstitutional
Did I become a little affirmative and strict tone?
It happens sometimes with me.
Let me try one more time.
According to me, with the arrival of UCC
or by Supreme Court's interference in personal law
there is no danger to diversity.
It will not end the diversity.
For example, uniformity does not mean that
everyone will have to take 7 rounds to get married.
Uniformity in the sense of marriage can mean that
from now on everyone will have to register their marriage.
And we already have a lot of uniform
like the Constitution and the contract.
Does Article 14
meaning with the arrival of equality in the country
did people feel that diversity is in danger?
No
Does it mean that people feel that diversity is in danger
because of equal pay for equal work?
No
So why does it seem for UCC?
See, it is very important to understand that
Constitution is supreme
and personal law has to be changed according to the Constitution.
If we sit to change the Constitution
according to every personal law
then no Constitution will be left.
Plus
it is also very important to understand
that in which manner a law is being introduced.
We have seen in the time of CAA
Farm Law and ongoing Manipur Governance time
that as important is to make a law
it's that much important that how the law is introduced.
So, we also need to pay special attention to this.
The most flop-side of the UCC that is coming out
that the Uniform Civil Code, UCC
is a part of the Directive Principle of State Policy (DPSP).
Meaning, like normal fundamental rights
you cannot enforce them on the court.
So, how true is this statement?
To understand this
we need to understand the difference
between fundamental rights and DPSC.
So, when the country was getting independent
then we had a lot of limitations in front of us.
Economic limitations, social, cultural, a lot of problems.
So, at that time, all the important rights
we guaranteed and protected them under fundamental rights.
And we thought that as the country develops and progresses
we will adopt new rights.
So, which will be those rights?
We wrote them in DPSP.
It's biggest example is Right to Education.
So, for the longest time
legislators and commissions felt that
that the country has not developed, progressed enough
that we can provide provide free and compulsory education.
Then they understood that
until we don't make education compulsory
the country will also not progress.
And as soon as this was realized
an amendment was made
and the right to education was incorporated in fundamental rights.
So, as the country progresses
new rights are adopted.
So, what do you think
can the Uniform Civil Code also
be made a Fundamental Civil Right.
Let's see some generally discussed
pros and cons on Uniform Civil Code.
So, the biggest con is the mass perception about this law.
That UCC is against people religious freedom.
This is a sensitive task.
Then it's very important how this law is being introduced
And in what manner it will be implemented is also important.
Because of diversity
practical difficulties can come in the execution.
And without the help of the state
it can be difficult to fully implement these laws.
The Indian states are very divided regarding UCC.
These are all those states
who are supporting UCC.
And these are those states that are opposing it.
If we talk about the pros
then it will provide gender equality.
To provide equal status to all the citizens.
To promote national integration.
And in existing personal laws
will give the scope to bring reforms and transformation.
So this was today's video on Uniform Civil Code.
I hope that you've learned something new from today's video.
If yes, then definitely share this video
with your friends and family.
All of the things said in this video
just don't stop there.
Talk with people
discuss conflicting questions.
But in a civilized way.
Because we are a part of a civilized nation.
So let's behave like one.
And it took a lot of hard work to make this video.
So if you like the video
then also subscribe to the channel.
On such different topics
we upload a lot of videos on this channel.
Along with it we also have an Instagram channel
by the name of Finology Legal.
Where on topics like these
we post, ask questions
discuss interesting FAQs.
So you can subscribe to that also.
That's it for now.
See you in the next class.
Bye Bye
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