Uniform Civil Code (UCC)

Uniform Civil Code (UCC)

Context: Focus on gender equality, raising the marriageable age of women to 21, equal rights for daughters in ancestral properties, legal rights for LGBTQ couples and registration of live-in relationships. are some of the suggestions an expert committee, constituted by Uttarakhand to examine issues relating to the implementation of the Uniform Civil Code (UCC)

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.
• The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

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.
• 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.
• 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.
• Goa’s Portuguese Civil Code of 1867 is an example of a common family law prevalent in a State.

Recent initiatives:

• The 21st Law Commission, the term of which ran out in August 2018, had said that a UCC “is neither necessary nor desirable at this stage” in the country.
• The Centre told the Supreme Court that the matter will now be placed before the 22nd Law Commission.
• The states of Gujarat Himachal Pradesh and Madhya Pradesh have decided to constitute a committee in the future on implementation of the Uniform Civil Code
• Uttarakhand has constituted a committee with  Supreme Court judge, Justice Ranjana Prakash Desai as chairperson to examine issues relating to the implementation of the Uniform Civil Code (UCC)