Uttarakhand’s uniform civil code

Uttarakhand’s uniform civil code

Context:

• The Uttarakhand Assembly is likely to pass the State’s Uniform Civil Code (UCC) Bill during the state’s four­day­long session this week.
• A State­appointed panel which was constituted to draft the UCC submitted its final report to Chief Minister on February 2.
• The report has also been cleared by the State Cabinet.

Aims and Intentions of the UCC:

• A UCC aims to create a uniform set of laws to replace the distinct personal laws of every religion pertaining to subjects such as marriage, divorce, adoption, and inheritance.
• The UCC stems from Article 44 of the Constitution which mandates that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
• The above provision is a part of the Directive Principles of State Policy.
• Article 44 dealing with UCC even though is not enforceable but it plays a pivotal role in governance.
• B.R. Ambedkar during the constitutional debates said that although a UCC was desirable, it should remain purely voluntary during the initial stages.
• He also stressed on the fact that since the provision was merely recommendatory, it should not be imposed upon all citizens.

About the Uttarakhand UCC:

• In June 2022, the Uttarakhand government constituted an expert committee which is headed by former Supreme Court judge Justice Ranjana Prakash Desai to examine ways for the implementation of a UCC.
• The committee was supposed to submit its report in November 2022 but the deadline was extended multiple times despite the Chief Minister of the state announcing in June last year that a draft UCC was ready.
• Right from the starting the proposal has been met with opposition from opposition political parties.

What changes can be expected?

• The draft UCC is set to focus on gender equality by including provisions that treat men and women equally, especially in matters pertaining to inheritance.
• The draft will also revoke practices governing marriage and divorce such as polygamy, iddat (mandatory period of waiting to be observed by women following the dissolution of a Muslim marriage) and triple talaq.
• The draft Uniform Civil Code is also likely to extend an equal property share to Muslim women which is against the existing 25% share accorded under Muslim personal law.
• The minimum age for marriage for men and women is set to remain the same 18 years for women and 21 years for men.
• Other issues such as divorce, marriage registrations, adoption, and social security for ageing parents will also be included under the law.
• The committee has reportedlly also suggested the mandatory registration of live­in relationships.

What has the Supreme Court said?

• Over the years, the Supreme Court has deliberated upon the UCC in several judgments, but has refused to issue any directive to the government.
• The Supreme Court has refused since law­making falls within the exclusive domain of Parliament.
• However the 1985 judgment in the Shah Bano Begum case the apex Court observed that it is a matter of regret that Article 44 has remained a dead letter and also called for its implementation.
• Such a demand for the UCC was reiterated in subsequent cases such as Sarla Mudgal versus Union of India (1995), and John Vallamattom versus Union of India (2003) among others.
• Reviving the push for a UCC, six petitions were filed in the Supreme Court between 2021­2022 seeking uniformity in divorce, maintenance, and alimony laws.
• They were sought on the ground that they discriminated against women thereby violating Article 14 (right to equality) and Article 15 (right against discrimination based on religion and gender) of the Constitution.

What happens next?

• Following Uttarakhand’s footsteps two other States Madhya Pradesh and Gujarat have appointed committees to initiate the formulation of a UCC.