Uniform Civil Code

Uniform Civil Code

Subject : Polity

Section : Constitution

Context: The government does not propose to set up a committee to implement a uniform civil code (UCC), Law Minister Kiren Rijiju told the Rajya Sabha on Thursday.

Concept:

What is UCC?

• The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.
• Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
• Article 44 is one of the Directive Principles of State Policy (DPSP).
• DPSP as defined in Article 37,are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
• Status of Uniform Codes in India: Indian laws do follow a uniform code in most civil matters such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 etc.

Background of Uniform Civil Code

• The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
• Increase in legislation dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941.
• Based on these recommendations, a bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
• However, there were separate personal laws for muslim, chirstian and Parsis.
• Goa is the only state in India which has a uniform civil code. The Goa Family Law, is the set of civil laws, originally the Portuguese Civil Code, continued to be implemented after its annexation in
• In order to bring uniformity, the courts have often said in their judgements that the government should move towards a uniform civil code.
• The judgement in the Shah Bano case is well known, but the courts have made the same point in several other major judgements.
• By arguing that practices such as triple talaq and polygamy impact adversely on the right of women to a life of dignity, the Centre has raised the question whether constitutional protection given to religious practices should extend even to those that are not in compliance with fundamental rights.

Recent steps:

• Government has requested the Law Commission of India to undertake examination of various issues relating to uniform civil code and to make recommendations. The government does not propose to set up a committee to implement a uniform civil code (UCC).
• The personal laws, such as Intestacy and Succession, Wills, Joint Family and Partition and Marriage and Divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution. Hence, the States are also empowered to legislate upon them.
• Uttarakhand has set up a panel to examine the implementation of UCC.