Uniform Civil Code
What the Uniform Civil Code entails:
- It is a system that will allow all Indian citizens to be subject to a single national law.
- All religious communities will be subject to this unified rule, which also covers their private affairs such as adoption, marriage, divorce, and inheritance.
- The Uniform Civil Code is included as a Directive Principle of State Policy (DPSP) in Article 44 of the Indian Constitution, which mandates that the “state shall attempt to obtain a UCC” for all citizens in each and every region of the nation.
- However, these DPSPs are neither legally binding or enforceable under Article 37, but the DPSP’s guiding concepts serve as the cornerstone for national governance reforms.
Current Status of UCC in India?
- Under the terms of numerous acts, including the Evidence Act of 1872, Indian Contract Act of 1872, Transfer of Property Act of 1882, Civil Procedure Code, Partnership Act of 1932, etc., Indian Laws follow the uniform laws in many civil subjects.
- The above-mentioned legislation, however, have undergone numerous state-level revisions, resulting in a lack of uniformity in how they are applied across the nation’s states.
- The most recent instance is the Uniform Motor Vehicles Act of 2019, where numerous states refused to comply with and fully execute its provisions.
Background of the Indian Uniform Civil Code:
- The Uniform Civil Code first appeared during the reign of the British, when the British Colonial Government recommended in 1835 that the various Indian laws relating to crimes, evidence, and contracts be codified in order to bring about uniformity. It was also specifically suggested that the laws of Hinduism and Islam not be included in this codification.
- Finally, in order to codify the Hindu laws, the British government was compelled to appoint BN Rau as chairman of a committee.
- The BN Rau Committee’s recommendations led to the 1956 passage of the Hindu Succession Act, which codified the succession rules pertaining to Jains, Buddhists, Hindus, and Sikhs.
- However, different laws were created for Muslims, Christians, and Parsis.
Judiciary’s Position on the UCC:
- Due to the uncertainties and lack of uniformity in diverse personal laws, the judiciary has frequently advised the government to introduce a unified civil code in its rulings.
- The SC has frequently supported the establishment of a UCC in numerous decisions, such as the Shah Bano Case (1985) and the Sarla Mudgal Case (1995), in order to get rid of the inconsistent nature of multiple personal laws.
What impact will UCC have on personal laws:
- It will result in the simplification of laws because this UCC will apply to all citizens of different religious backgrounds and the complicated personal laws relating to succession, marriages, adoptions, inheritance, and ceremonies will be made simpler.
- The principle of secularism, which is mentioned in the Preamble of the Constitution, will be fostered if a common law is introduced for all of the nation’s citizens.
- lead to the protection of women and other disadvantaged groups It will protect vulnerable groups, such as women of different religions, fostering a sense of nationalistic unity.
- Promote the idea of “Gender Justice” as well, since a single UCC will clear up any gender-based ambiguity in personal laws.
Concerns relating to UCC
- In various areas of the nation, including the Union Territory of Pondicherry, Daman & Diu, Goa, and other north-eastern states like Nagaland and Mizoram, some family laws passed by the Central Government over the years are not applicable.
- Therefore, there will be much discussion and thought put into how the UCC’s provisions will be put into practise.
- Some of the local political parties with religious ideologies might use it as a tool to advance their communal political goal.
- Indirectly at odds with one another are Articles 25 and 14, which respectively provide “Freedom to practise and propagate any religion” and “Equality to all.”
- Therefore, the UCC’s implementation should be the subject of thorough discussion.
Steps to Take:
- If a UCC is to be implemented in India, the Government and society at large will need to come together and cooperate.
- Prior to the implementation of UCC in India, it is also necessary to foster trust among various religious communities and win over the trust of the minority religious community.
- Before a UCC is fully implemented in India, a very thorough discussion about the matter must be held, and the opinions of all segments of society must be heard through the proper means.
- The government can alternatively adopt a strategy in which UCC is gradually adopted, with several phases introducing UCC for things like adoption, succession, marriage, maintenance, etc.
- Additionally, it is urgently necessary to codify all personal laws in India until a UCC is drafted in that country in order to properly address the issues and concerns raised by each of them by comparing their provisions to various constitutional provisions like fundamental rights, etc.
- To safeguard the interests of disadvantaged groups, especially women, advance secularism, and build an environment of “Ek Bharat, Shreshtha Bharat” and “Ek Bharat, Akhanda Bharat,” the government of India must enact a UCC after thorough deliberation.
