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Uniform Civil Code: Is Time Ripe for Indian Government to Act on it?

The UCC is intended to replace the many, conflicting laws that are already in force and applied to various communities. These laws include the Parsi Marriage and Divorce Act as well as the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, and Indian Divorce Act.

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Why In The News?

  • Implementation Of The Uniform Civil Code, 10 Lakh Jobs In The Manufacturing Sector, And A State Capital Region Tag For Bengaluru Are Among The Top Promises Made By The BJP In Its Manifesto For The May 10 Karnataka Assembly Election.

Uniform Civil Code (UCC)

  • A Uniform Civil Code Means That All Sections Of Society Irrespective Of Their Religion Shall Be Treated Equally According To A National Civil Code, Which Shall Be Applicable To All Uniformly.
  • They Cover Areas Like- Marriage, Divorce, Maintenance, Inheritance, Adoption, And Succession Of The Property. It Is Based On The Premise That There Is No Connection Between Religion And Law In Modern Civilization.

Reference To UCC In Indian Constitution

  • Article 44 Corresponds With Directive Principles Of State Policy Stating That The State Shall Endeavour To Provide For Its Citizens A Uniform Civil Code (UCC) Throughout The Territory Of India.

Issue Of UCC – Before 1947

  • The Lex Loci Report Of October 1840 Stressed The Importance And Necessity Of Uniformity In The Codification Of Indian Law, Relating To Crimes, Evidence, And Contracts.
  • But It Also Recommended That The Personal Laws Of Hindus And Muslims Should Be Kept Outside Such Codification.
  • The Queen’s 1859 Proclamation Promised Absolute Non-Interference In Religious Matters.

Issue Of UCC – Post-1947

  • Jawaharlal Nehru And Dr. B.R Ambedkar Pushed For A Uniform Civil Code. However, They Included The UCC In The Directive Principles Of State Policy (DPSP, Article 44) Mainly Due To Opposition From Religious Fundamentalists And A Lack Of Awareness Among The Masses During The Time.

Landmark Reforms & SC Judgements Regarding UCC

  • The Hindu Code Bill Of 1955
  • The Hindu Marriage Act
  • Minority And Guardianship Act
  • Adoptions And Maintenance Act
  • Special Marriage Act
  • Shah Bano Case
  • Sarla Mudgal Case

Issues Associated With UCC:

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