SC junks PIL challenging UCC committees in Gujarat and Uttarakhand

SC junks PIL challenging UCC committees in Gujarat and Uttarakhand

Subject :Polity

Context: The Supreme Court junked a public interest litigation (PIL) challenging the decision of the Gujarat and Uttarakhand governments to set up a committee for introducing a Uniform Civil Code (UCC).

• Gujarat and Uttarakhand had decided to form committees for the introduction and implementation of a Uniform Civil Code.

Uniform Civil Code:

• UCC is one that 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.
• 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.

UCC in States:

• UCC is one that 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.
• Goa’s Portuguese Civil Code of 1867 is an example of a common family law prevalent in a State.
• The promulgation of the UCC emerges as a positive obligation and not duty of the State under Article 44 of the Constitution in the Directive Principles of State Policy (DPSP).
• Article 44 says “the State shall endeavour to secure a UCC for the citizens throughout the territory of India”.

UCC and Implications

• Protection to Vulnerable Section of Society: The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
• Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
• When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others.
• Adhering to Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.
• Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption and maintenance.
• However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example.
• If a uniform civil code is enacted, all personal laws will cease to exist.
• It will do away with gender biases in Muslim law, Hindu law and Christian law that have been often challenged by women on the ground that they violate the right to equality.