Uttarakhand panel seeks input on Uniform Civil Code

Subject : Polity

Section: Constitution

Concept :

Recently, the expert committee formed by the government of Uttarakhand to look into the implementation of a Uniform Civil Code (UCC) has launched a website to gather feedback from the general public.
The committee, which is led by retired judge Ranjana Prakash Desai, has asked residents for their ideas and comments on the issue.

Uttarakhand Expert Committee on Uniform Civil Code

The Uttarakhand government formed an expert committee in May 2022 under the head of a former Supreme Court (SC) judge, Justice Ranjana Desai, to implement the Uniform Civil Code (UCC) and to review all pertinent legislation that governs personal laws for residents of Uttarakhand.
In 2021, the Allahabad High Court also directed the Central government to initiate the process for implementation of the UCC.

Uniform Civil Code (UCC)

UCC would provide one law for the entire nation (including all religious communities) in their personal matters such as marriage, divorce, inheritance, adoption etc.
Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the Indian territory.
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). However, the principles laid down therein are fundamental in governance.

Status of UCC in India:

In most civil matters, India follows UCC such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 etc.
In certain matters, however, there is diversity even under these civil laws as states have made hundreds of amendments to these.
Several states refused to be governed by the uniform Motor Vehicles Act, 2019.
At present, Goa is the only India state that has implemented UCC.

Origin:

UCC’s origin dates back to British India when a report was submitted in 1835.
This report stressed on 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.
Legislation dealing with personal issues increased. This forced the government to form the B N Rau Committee to codify Hindu law in 1941.
Hindu Succession Act, 1956:
Based on B.N. Rau Committee’s recommendations, the Hindu Succession Act (1956) was adopted 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, christian and Parsis.

SC Judgements:

In order to bring uniformity, the courts have often said in their judgements that the government should move towards a UCC.
The judgement in the Shah Bano case (1985) is well known.
Another case was the Sarla Mudgal Case (1995), which dealt with issue of bigamy and conflict between the personal laws existing on matters of marriage.
The Supreme Court in Shayara Bano case (2017) had declared the practice of Triple Talaq (talaq-e-biddat) as unconstitutional.
By arguing that practices such as triple talaq and polygamy adversely affect the right of a woman 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.