Home About Us
About Jigyasa IAS Mission & Vision Director’s Message
UPSC CSE
About Civil Services Examination Eligibility Criteria for CSE CSE Exam Pattern How to prepare for CSE How to choose optional subject
Courses
GS Foundation Course Sociology Optional Courses Guided Preparation Module Daily Rigorous Answer Writing
Daily Feeds
Daily Current Affairs Editorials Daily Quiz Free Answer Writing
Useful Links
About Prelims About Mains About Interview Daily Study Guideline Essential Book List
Downloads
NCERT Book List Govt. Welfare Schemes Daily Downloads
Contact Us
Blog Login

The Uniform Civil Code

INDIAN POLITY INDIAN CONSTITUTION
08 Nov, 2022

NEWS HIGHLIGHTS

Theme : Constitution & Indian Polity
Paper : GS - 2

UCC is one code (set of laws and rules) that would provide for one legal framework for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption,etc.

TABLE OF CONTENT 

  1. Context
  2. What is UCC ?
  3. Constitutional provision
  4. History of the UCC
  5. Arguments around the UCC
  6. Judicial Verdicts on the UCC
  7. Opinion of Law Commission

Context:Ahead of the upcoming Assembly elections, Gujarat on October 29 joined the list of BJP-ruled States that have called for implementing the Uniform Civil Code (UCC).

What is UCC ?

UCC is one code (set of laws and rules) that would provide for one legal framework for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption,etc.

Constitutional provision:

  • Article 44 contained in part IV of the Constitution says that the state “shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”.
  • Part IV of the Constitution outlines the Directive Principles of State Policy (DPSP), which, while not enforceable or justiciable in a court of law, are fundamental to the country’s governance.

History of the UCC:

UCC in Constituent Assembly

  • While there is no draft or model document yet for the UCC, the framers of the Constitution envisioned that it would be a uniform set of laws that would replace the distinct personal laws of each religion with regard to matters like marriage, divorce, adoption, and inheritance.

  • The clause on UCC generated substantial debate in the Constituent Assembly about whether it should be included as a fundamental right or a directive principle. The matter had to be settled by vote, that securing a UCC was not within the scope of fundamental rights.

  • Members of the Assembly took starkly contrasting stances on the UCC:

  1. Some members felt that India was too diverse a country for the UCC.
  2. Some members felt the UCC would come in the way of the article which guarantees the right to freedom of religion subject to public order, morality, and health.
  3. Some argued that the time for that had not yet come, adding that the process had to be gradual and not without the consent of the concerned communities.
  4. Others, however, rejected the notion that a UCC would be against the freedom of religion as the Constitution allowed the government to make laws covering secular activities related to religious practices if they were intended for social reform.
  5. They advocated for the UCC, stating benefits such as promoting the unity of the nation and equality for women and eliminating many discriminatory practices of the personal laws against women.

Arguments around the UCC :

1.‘One nation, One law’ :

  • It has been argued that while India does have uniformity in most criminal and civil matters like the Criminal Procedure Code (CrPC), Civil Procedure Code (CPC), and the Contract Act, States have made over 100 amendments to the CrPC and IPC, as well as several amendments to civil laws.
  •  If there is plurality in already codified civil and criminal laws, how can the concept of one nation, one law be applied to diverse personal laws of various communities

2. Intent of the constitutional framers:

  • The framers did not intend total uniformity, which is why personal laws were placed in entry 5 of the Concurrent List, with the power to legislate being given to Parliament and State Assemblies. 

3. Differences in Personal laws:

  • Looking at the codified personal laws of various communities in India — all Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill, neither are Muslims and Christians under their personal laws.
  • For instance, the Shariat Act is not applicable in Jammu and Kashmir and Muslims continue to be governed by customary law which is at variance with the Muslim personal law in the rest of the country. The applicability also varies for certain sects of Muslims. Besides, many tribal groups in the country, regardless of their religion, follow their own customary laws 

4. The case of Goa:

  • While the Supreme Court in 2019 hailed Goa as a “shining example” of an Indian State which has a functioning UCC, experts point out that the ground reality in Goa is more complex.
  •  The Goa Civil Code was given by the Portuguese in 1867; it permits a certain form of polygamy for Hindus while the Shariat Act for Muslims has not been extended to Goa with Muslims of the State being governed by Portuguese law as well as Shastric Hindu law. 
  • The Code gives certain concessions to Catholics as well. Catholics need not register their marriages and Catholic priests can dissolve marriages performed in church.

Judicial verdicts on the UCC :

1. Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985 :

The Supreme Court in various judgments has called for the implementation of the UCC. In this case, the apex court while deciding whether to give prevalence to the CrPc or the Muslim personal law, called for the implementation of the UCC. 

2. 1995 Sarla Mudgal judgment :

In this case, the apex Court called on the government to implement the UCC in the country. 

Opinions of the Law Commission:

  • In 2018, the Law Commission stated that a unified nation did not necessarily need “uniformity”, adding that secularism could not contradict the plurality prevalent in the country. In fact, the term “secularism” had meaning only if it assured the expression of any form of difference, the Commission noted.

  • In 2018, a Law Commission of India consultation paper had however said the Uniform Civil Code is “neither necessary nor desirable at this stage” in the country. The Commission said secularism cannot contradict the plurality prevalent in the country.

  • The report recommended that discriminatory practices, prejudices and stereotypes within a particular religion and its personal laws should be studied and amended. The Commission suggested certain measures in marriage and divorce that should be uniformly accepted in the personal laws of all religions.

  • Some of these amendments include :

  1. fixing the marriageable age for boys and girls at 18 years so that they are married as equals

  2. making adultery a ground for divorce for men and women

  3. simplifying the divorce procedure

  4. abolition of the Hindu Undivided Family (HUF) as a tax-exempted entity.

FAQs : 

1. What is UCC?

Answer : UCC is one code (set of laws and rules) that would provide for one legal framework for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption,etc.

2. What is the 1995 Sarla Mudgal Judgement?

Answer : In this case, the apex Court called on the government to implement the UCC in the country.