Uniform Civil Code

Subject: Polity

Union Law Minister informed the Rajya Sabha that States can enact laws on a uniform civil code..

About the news

The Union Government told Parliament that States are empowered to enact personal laws that decide issues such as succession, marriage and divorce to secure a uniform civil code (UCC).
In a written reply, the law minister said that “Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
Personal laws such as intestacy and succession, wills, joint family and partition, marriage and divorce come under Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution, and hence, the States are also empowered to legislate upon them.
The Jose Paulo Coutinho judgment of the court in 2019, in fact, found Goa a “shining example of an Indian State which has a UCC”.

Background:

Several States including Gujarat and Madhya Pradesh have recently announced their intention to implement the UCC.
A private member bill was introduced in Rajya Sabha on December 09, 2022, for the implementation of the Uniform Civil Code (UCC) across the country.
The Bill proposes to set up the National Inspection and Investigation Committee for the preparation of UCC and its implementation throughout the country.

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.