Highlighting the views of the Constituent Assembly, PM stressed on the need to have a “secular civil code”, replacing the existing diverse personal laws based on religion.
Uniform Civil Code (UCC)
- About: Refers to a set of laws that govern personal matters, including marriage, divorce, etc. for all citizens regardless of religion.
- Article 44 (Directive Principles of State Policy): Provides that State shall endeavour to secure for the citizens a UCC throughout the territory of India.
- Enforcement: Recently, Uttarakhand became the first state to implement UCC (2024). Besides, Goa through Portuguese Civil Code, 1867 has similar provisions.
Need for UCC
- Foster unity and integrity of nation: Renouncing practices that are in conflict with Fundamental Rights.
- Reform India’s Social system: Eliminate injustice and practices that discriminate against women.
- Promote Uniformity: Like the criminal laws, that apply equally irrespective of religion.
Challenges in Implementing UCC
- Against the protective provisions of the Constitution: 5th and 6th Schedule contains distinct provisions for Scheduled and Tribal Areas to preserve their customary practices.
- Doctrinal Differences: Objections to UCC may emerge on the belief that it compromises the traditions and religious freedom of communities.
Conclusion
Supreme Court in Shah Bano Begum (1985), Sarla Mudgal (1995), etc. called for UCC to deal with the problems of personal laws. However, in the views of Dr. B.R. Ambedkar, it must reconcile to the sentiments of different communities.
Some Views favoring UCC
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