Uniform Civil Code-The Hindu-07-11-2022

Uniform Civil Code-The Hindu-07-11-2022

GS Paper - 2

polity


Fundamental Rights

Directive Principles of State Policy

Issues Related to Women

About:

UCC is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.

Article 44 is one of the Directive Principles of State Policy (DPSP).

DPSP as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

Status of Uniform Codes in India:

Indian laws do follow a uniform code in most civil matters such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 etc.

States, however, have made hundreds of amendments and, therefore, in certain matters, there is diversity even under these secular civil laws.

Background:

The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.

Increase in legislation dealing with personal issues in the far end of British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941.

In order to bring uniformity, the courts have often said in their judgements that the government should move towards a UCC.

The judgement in the Shah Bano case (1985) is well known.

Another case was the Sarla Mudgal Case (1995), which dealt with issue of bigamy and conflict between the personal laws existing on matters of marriage.

Implications of Uniform Civil Code on Personal Laws:-

Simplification of Laws:

The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith

Adhering to Ideal of Secularism:

Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.

Gender Justice:

If a UCC is enacted, all personal laws will cease to exist. It will do away with gender biases in existing laws.

Challenge

Constitutional Hurdle:

Article 25 of Indian constitution, that seeks to preserve the freedom to practise and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of Indian Constitution.