Uniform Civil Code of India - History

History

This debate on Uniform Civil Code dates back to the colonial period.

The Lex Loci Report of October 1840 emphasized the importance and necessity of uniformity in codification of Indian law relating to crimes, evidences, contract etc., but it recommended that personal law of Hindus and Muslims should be kept outside such codification.

In Hindu law there are two principal schools, Dayabhaga and Mitakshara. Mitakshara is again subdivided into four minor schools. Beside, the custom of sadachar also occupies important position. Attempts to reform Hindu law by legislative processes commenced during British period. Reforms such as The Caste Disabilities Removal Act, 1850, the Hindu Widows' Remarriage Act, 1856, the Hindu Inheritance(Removal of Disabilities) Act, 1928, the Hindu law of Inheritance(Amendment) Act, 1929, the Hindu Gains of Learning Act, 1930, the Hindu Women's Right to Property Act, 1937, the Hindu Married Women's Right to separate Residence and Maintenance Act, 1946 were all enacted to give relief to those who are not content to abide by ancient shastras. The Hindu Law Committee was appointed in 1941 to look into a comprehensive legislation covering all Hindu laws. This committee ceased to function after sometime due to war. It was revived in 1944 under the chairmanship of Sir B.N. Rau and recommendations of Rau committee were given effect by a series of acts passed in 1955 and 1956, to regulate marriage succession, guardianship and adoption. These were the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, finally the Hindu Adoptions and Maintenance Act, 1956.

Among Muslims there are Sunnis, Shias, Ismailis, Bohras, Khojas and unorthodox Ahmadiyyas. There are four different schools among Sunnies. There are also Kutchi Memons, who retain to some extent the private laws of the Hindus. Most of the legislations of were enacted mainly to override judicial decisions and to restore shariat law. The Wakf Validation Act, 1913 was passed to override the decision of Privy Council. A number of acts from the colonial period specifically exempted Muslims in an effort to avoid resistance from that community. The Indian Succession Act of 1925, which dealt with inheritance and succession, specifically exempted Muslims. Muslims had a complicated inheritance system based on the Quran. The original Indian inheritance law had been enacted in 1865 and had exempted Hindus as well. However, the act was ultimately applied to Hindus. The Special Marriage Act of 1872, which was essentially a secular civil marriage law, also exempted Muslims. Not all calls to exempt Muslims were accepted. The Indian Evidence Act of 1872 included section 112, which concerned the legitimacy of children. This section was later found to apply to Muslims, despite its inconsistency with Muslim law. Shariat Act, 1937 swept away any custom or usage contrary to the shariat in all questions regarding succession, special property of females, marriages and dissolution of marriages, guardianship, gifts, trust properties, wakfs etc. Muslim Dissolution of Marriage Act 1939 granted women the right to dissolution of marriage.

In the case of Christians there Indian Christian Marriage Act was enacted. But this was not a comprehensive act.

Personal Law of parsis is partly codified but the machinery for dealing with divorce and other matrimonial reliefs are not proper.