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Law Commission seeks fresh suggestions on Uniform Civil Code

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Law Commission seeks fresh suggestions on Uniform Civil Code

Context-The 22nd Law Commission of India on Wednesday sought fresh suggestions from various stakeholders, including public and religious organisations, on the Uniform Civil Code (UCC).

The previous 21st Law Commission had also examined the subject and solicited the views of stakeholders through its appeal. The previous commission has also issued a consultation paper on “Reforms of Family Law” in August 2018.

Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century and wasn’t replaced after its liberation.

What is Uniform Civil Code?

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

What is need to bring UCC?

  • Simplification of complex laws around marriage ceremonies, inheritance, succession, adoptions etc.
  • Promoting uniformity in personal laws across all faiths.
  • Protection to vulnerable sections of society
  • Gender Equality
  • Promotion of Unity by removing prejudices , uniform laws etc.
  • Reducing vote bank politics

What are the challenges ?

  • Constitutional Hurdle in form of Art. 25 that guarantees right to freedom of religion
  • Difficulty in arriving at a common set of personal laws in a diverse country like India
  • May amount to interference in Tribal customs.
  • May lead to polarisation of society causing law and order problems
  • May lead to imposition of majoritarian beliefs.

Way Forward-

Supreme Court in its Shah Bano Case(1985) and Sarla Mudgal Case(1995) highlighted the need to bring Uniform Civil code in the country. However, extensive consultation is required with all the communities to take everyone along before proceeding with UCC.

Syllabus- Prelims; Current Affairs

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