Uniform Civil Code (UCC)

Uniform Civil Code (UCC)

Context- Uttarakhand has already formed an expert committee to examine ways for implementation of UCC in the state. State governments in Gujarat and Karnataka have also vowed to get UCC in their state.

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.

NEWS- Madhya Pradesh forms Panel to look into Uniform Civil Code (UCC) implementation

Syllabus- Mains; GS-1; GS-2; Society; Fundamentals Rights; DPSP

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