Landmark Supreme Court Judgments Highlighting the Need for a Uniform Civil Code

• Shah Bano Judgment: The Supreme Court dealt with the issue of maintenance under Section 125 of the Code of Criminal Procedure after Shah Bano’s husband pronounced talaq (divorce) against her. In a ruling regarding the case, Chief Justice YV Chandrachud noted that Parliament should define the parameters of a common civil code, as it serves as a mechanism that promotes national unity and ensures equality before the law..

• Sarla Mudgal and others vs Union of India and others:  The Sarla Mudgal vs Union of India is considered a landmark judgment which highlighted the need for a uniform civil code. In this case, the two primary petitioners included Kalyani, an NGO dedicated to assisting distressed women, led by Sarla Mudgal. The second petitioner was Meena Mathur whose Husband had converted to Islam and solemnised his second marriage. Meena Mathur had complained that her husband converted to Islam only for the purposes of getting married again and circumvented the provisions of Section 494 of IPC (Section 494 IPC punishes bigamy or polygamy). The court held the second marriage as illegal and talked about the need for Uniform civil code. It laid down various instances where the personal laws of various religions come into conflict. Justice Kuldip Singh, during the judgment, stated, “With over 80% of citizens already covered by codified personal law, there is no reason to further delay the implementation of a ‘uniform civil code’ for all citizens in India.” This case is recognized as a landmark for the Uniform Civil Code, where the Supreme Court called upon the government to establish a Uniform Civil Code similar to the Hindu code to safeguard the vulnerable and promote national unity.

• Lily Thomas vs Union of India: Also known as Lily Thomas Bigamy case, it is considered as a landmark judgment in India. The Supreme court took preventive measures in order to avoid solemnizing a second marriage without dissolution of the first marriage. There were many cases of men converting to Islam to get into marriage for the second time without a legal divorce. The Supreme Court of India stated that a second marriage would be considered void until proper divorce has been obtained by the first wife in accordance with the Hindu Marriage Act, 1955. Also if a man is found doing so then he will be held liable under section 494 and 495 of the Indian Penal Code (IPC), 1860 for the offence of bigamy. This case also showed the importance of Uniform civil code and the court also emphasised significance of UCC in terms of succession. 

• ABC vs The State (NCT of Delhi): It was held that a single mother of the Christian religion was eligible to apply for sole guardianship of her child without the consent of the biological father under the Guardian and Wards Act, 1890 that had not recognised the right of Christian single mothers. In the case, the court pointed out the inconvenience was  being caused due to absence of a Uniform civil code. 

Way Forward for Implementing a Uniform Civil Code

A Uniform Civil Code can arise only through an evolutionary process that respects India’s rich cultural heritage. The government must endeavor to foster trust among all segments of society. After achieving consensus among different groups, the government might consider introducing specific elements such as marriage, adoption, succession, and maintenance into the Uniform Civil Code gradually. Dr. B.R. Ambedkar’s Council proposed a balanced approach, suggesting that it is entirely feasible for future Parliaments to establish a provision where the Code applies only to those who declare their willingness to adhere to it, making the initial implementation of the Code voluntary. The Law Commission of India expressed the view that, due to India’s religious and cultural diversity, uniformity in laws is not necessary. Instead, reforms in all personal laws are needed to eliminate gender bias. It proposed that if each prevailing law governing various communities were made progressive and gender-equal, there would be no need for a uniform civil code.

Article 45: Early childhood care and education to children below the age of six years

The State shall make efforts to provide early childhood care and education for all children until they reach the age of six. 

The subjects in this article were modified by the 86th Amendment to the Constitution in 2002. This amendment made the right to elementary education a fundamental right and provided for early childhood care and education till the age of six years as a directive principles of state policy. 

Implementation by Government

• Right to education act, 2009: Government introduced the 86th constitutional amendment and subsequently passed the Rights to Education Act 2009, Elementary Education has been accepted as Fundamental Right of each child between the 6 to 14 years of age.
• Recently launched National Education Policy seeks to realise the provisions of Article 45, among other things.

Article 48: Organisation of agriculture and animal husbandry

The State will work to organize agriculture and animal husbandry based on modern scientific principles and will specifically take measures to preserve and enhance breeds while banning the slaughter of cows, calves, and other dairy and draft animals. 

Implementation by government

Various government steps have been taken in this regard for example; Rashtriya Gokul mission is being implemented for development and conservation of indigenous bovine breeds, National Livestock Mission is a scheme on entrepreneurship development and breed improvement in poultry, sheep, goat including feed and fodder development. Additionally, various initiatives such as livestock health and disease management, the National Programme for Dairy Development, the National Animal Disease Control Program, the Dairy Infrastructure Development Fund, and the Animal Husbandry Infrastructure Development Fund, among others, are in place. 

Article 48A: Protection of environment, Forest and wildlife

• The State shall make efforts to protect and enhance the environment and to conserve the forests and wildlife of the nation. 
• This was added by the 42nd Amendment to the Constitution in 1976.

Implementation by Government

• Protected Areas, viz. National Parks, Sanctuaries, Conservation Reserves and Community Reserves have been created in the country to provide better protection to wildlife.
• Financial assistance is provided to the State/Union Territory Governments under the Centrally Sponsored Scheme of ‘Integrated Development of Wildlife Habitats’, for better protection to wildlife and improvement of habitat.
• The Wild Life Crime Control Bureau (WCCB) coordinates with State/UTs and other enforcement agencies to gather intelligence about poaching and unlawful trade in wild animals and animal articles.
• Various legislations and missions have been brought by the government to protect the environment, for example; National Action Plan for Climate Change, National Clean Air Programme, Air Pollution Act, Environment Protection Act, 1986 etc. 

Article 49: Protection of monuments and places and objects of national importance

• It is the duty of the State to safeguard every monument, site, or object of artistic or historical significance (as designated by or under a law enacted by Parliament) that is deemed to be of national importance, preventing spoliation, disfigurement, destruction, removal, disposal, or export as necessary. 

Implementation by Government

• The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958) was established to safeguard monuments, sites, and objects of national importance 
• There are over 3,500 ancient monuments and archaeological sites and remains of national significance that are preserved by various circles of the Archaeological Survey of India (ASI) throughout the nation. These circles supervise research on these monuments and engage in conservation efforts, while chemical preservation is managed by the ASI’s Dehradun branch, and garden layout and environmental development are handled by the horticulture branch in Agra.
  

Article 50: Separation of judiciary from executive

It promotes the principle of separating the judiciary from the executive.

• It says that the State should take steps to separate judiciary from the executive in the public services of the State.

Implementation by Government

• Revision in the Criminal Code: The Criminal Procedure Code (1973) established a separation between the judiciary and the executive. Before this change, district officials like the collector, sub-divisional officer, and tehsildar held both judicial and executive powers. Following the separation, these judicial powers were removed from executive authorities and assigned to district judicial magistrates who operate under the direct oversight of the state high court.
  

Article 51: Promotion of international peace and security

It says that the state shall endeavour to — 

1. Promote international peace and security; 
2. Maintain friendly and honourable relations between nations; 
3. Foster respect for international law and treaty obligations in the dealings of organised peoples with other person; and 
4. Promote the resolution of international disputes through arbitration methods.

Implementation by Government

Various steps have been taken by the Government in this regard. 

• Various initiatives such as Non Alignment Movement, International Solar Alliance, India’s commitments under Paris climate agreement help in promotion of international peace and security. 
• Indian Technical and Economic cooperation programme (ITEC): India initiated the Indian Technical and Economic Cooperation (ITEC) program in 1964 under the Ministry of External Affairs (MEA) to share knowledge and skills with other developing nations. This program is driven by demand and does not impose any conditions. Its aim is to promote the national development goals of India’s partners while ensuring national ownership is central to its framework. Through the ITEC and its associated program, the Special Commonwealth African Assistance Programme (SCAAP), a total of 161 countries are invited to benefit from India’s developmental experiences accumulated over seven decades. 
• Pan-African e-Network: In 2009, India launched an ambitious project called the “Pan-African e-Network” intended to deliver educational and medical support to 54 African nations using satellite technology. Over a dozen super-specialty hospitals in India are linked with hospitals in Africa, allowing for tele-consultations and ongoing medical education sessions. At the same time, approximately 50 learning centers in Africa are connected to various Indian universities, enabling educational opportunities for thousands of students.
• UN Peacekeeping missions: India has a rich history of participation in UN Peacekeeping missions, having deployed more personnel than any other nation. More than 253,000 Indians have taken part in 49 UN Peacekeeping missions to date. Currently, around 5,500 Indian troops and police are engaged in these missions, ranking fifth among contributing countries.