Why in the News?
In his Independence Day speech, the Prime Minister advocated in favour of Uniform Civil Code by calling for a Secular Civil Code in place of the current religion-based (communal) Civil Code.
About Uniform Civil Code (UCC)
- Definition: A Uniform Civil Code refers to a unitary system of personal laws applicable to all irrespective of religion.
- Matters under the scope of personal laws include marriage, divorce, maintenance, inheritance, adoption, and succession of the property.
- Current Status:
- At present, most Indians are governed in such matters by their respective religious laws.
- In Goa, a form of common civil code is in practice under the Portuguese Civil Code of 1867. (Uttarakhand adopted UCC in 2024).
- 21st Law Commission of India (2018) said that the formulation of UCC is neither necessary nor desirable at this stage, rather reforms must be undertaken on family laws of every religion to make them gender-just.
Need for UCC in India
- Fulfilling Constitutional Duty: Article 44 of the Constitution mandates that the state shall endeavour to secure a Uniform Civil Code for all citizens.
- It would also advance gender justice, national integration, and equality before the law enshrined in Article 14.
- Implementing a UCC would uphold the principles of a secular state, where religious beliefs do not dictate civil matters.
- Realising the needs of Contemporary Society: Laws/Practices dividing the nation based on religion or hindering societal progress must be abolished.
- Eg. polygamy is legal as per Muslim Personal Law (Shariat Application Act), 1937, but it is against women and hence must be discarded.
- Fulfilling International Obligations: Justifying India's membership at various Human Rights conventions and protocols, including United Nations Human Rights Convention.
- Simplification of Laws: A standardised procedure in personal matter irrespective of religious background would ensure faster and more efficient resolution of disputes.
- Adapting to Modern Times: Implementing a UCC ensure that laws align with the evolving social landscape, promoting inclusivity and individual freedoms.
Supreme Court Judgements on UCC
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Issues associated with implementing UCC
- Against Diversity: Personal laws have been deeply ingrained as a way of life, and imposing a UCC could undermine cultural and religious identities and could violate religious freedom (Article 25 of the Constitution).
- Lack of Consensus: Implementing a UCC without the consent and agreement of all communities could lead to social unrest.
- Against Cooperative Federalism: Several experts argued that UCC could encroach upon states' legislative competence, thereby infringing on principles of cooperative federalism.
Way forward on implementing UCC in India
- Consensus building: Involving various stakeholders including inter-faith dialogues to prevent social discord.
- Socio-economic impact analysis: By taking into consideration the potential impact on the marginalised and vulnerable communities along with incorporating provisions for them.
- Education and awareness: Building progressive and broadminded outlook among the people helping them understand the spirit of UCC.
- Codification of all personal laws: By codifying laws, one can establish universal principles that promote fairness.
