Uniform Civil Code in Uttarakhand

Uniform Civil Code in Uttarakhand

GS-II: Polity and Governance

(UPSC/State PSC)

Important for prelims

Uniform Civil Code Bill, Constitutional Provisions, Legal Perspective and Judgments of the Supreme.

Important for mains

Salient features of the Uniform Civil Code implemented in Uttarakhand, about the Uniform Civil Code (UCC), deliberations in the Constituent Assembly, legal perspective and Supreme Court decisions, Way forward, Conclusion.

February 10, 2024

Why in News:

Recently, Uttarakhand Cabinet has cleared the Uniform Civil Code Bill, becoming the India's first state to adopt a UCC post-independence.

Uniform Civil Code implemented in Uttarakhand

Key features:

Restrictions:

  • The following are banned-
  • Marriage and Divorce practices that come under Muslim Personal Law such as Halala, Iddat, Triple Talaq.
  • Child marriage and polygamy

Uniformity:

  • Uniformity includes the following in all religions-
  • Right to adopt
  • Legal age of marriage for males (21) and for females (18)
  • Equal inheritance rights for men and women

Live-in relationships:

  • All live-in relationships must be registered within a month, or else both partners are liable to ₹25k fine and/or three months in jail
  • All children born to live-in couples will be considered legitimate and receive legal inheritance rights.

Scheduled Tribes exempted from UCC:

  • Uttarakhand's Scheduled Tribes, which make up nearly 3% of the state's population, are outside the purview of the UCC bill.

About Uniform Civil Code (UCC):

  • Uniform Civil Code means that there should be equal laws for every citizen living in India, no matter what religion or caste he belongs to.
  • With the implementation of Uniform Civil Code, there will be one law for all religions.
  • The same law will apply to all religions in matters of marriage, divorce and division of property.

Constitutional Provisions:

  • Article 44 of Part IV of our Constitution contains provisions regarding Uniform Civil Code. It says that the state can implement it.
  • Its objective is to eliminate discrimination or prejudice against any particular class on the basis of religion.
  •   Part IV of the Constitution contains the Directive Principles of State Policy (DPSP).

Discussion in the Constituent Assembly:

  • During the framing of the Constitution at the first meeting of the Constituent Assembly in December 1946, the framers had extensively deliberated on the concept, relevance and usefulness of the Uniform Civil Code.
  • While Muslim representatives in the Constituent Assembly opposed the Uniform Civil Code, many members argued in its favor.
  • During the debate, there was extensive discussion regarding personal law in the Constituent Assembly. It is noteworthy that at present the Uniform Civil Code comes under Article 44 but the Constituent Assembly had discussed it under Article 35.
  • This article was adopted by the Constituent Assembly on 23 November 1948 after a vigorous debate.

Opposing side of UCC:

Mohammed Ismail(Madras), M.A. Iyengar, Mehboob Ali Baig

  • Argument of Mohammed Ismail (Madras): No group, class or community of people should be forced to give up its personal law, because it is a fundamental right to obey one's personal laws and these laws are vital to the life of the people.
  • Constituent Assembly member M.A. Iyengar argued that the Indian concept of secularism accommodates all religions with equal respect and dignity. Therefore, in a secular nation like India, different communities should have the freedom to practice their religion and culture.
  • Mehboob Ali Beg of the Constituent Assembly suggested that a provision be added to Article 35 of the Constitution to make it clear that the Civil Code would regulate matters such as transfer of property and contracts and not personal laws.

Supporter of UCC:

K.M. Munshi, Alladi Krishnaswami Iyer, Dr. BR Ambedkar

  • Congress member and Constituent Assembly drafting committee member K.M. Munshi was in favor of the proposed law. KM Munshi said that Article 35 guarantees religious freedom. Article 35 also empowers the state to regulate secular activities.
  • Alladi Krishnaswami Iyer, member of the Constituent Assembly, K.M. Munshi supported.
  • Dr. BR Ambedkar, Chairman of the Drafting Committee of the Constitution, rejected the amendments under Article 35. Ambedkar defended the right of the state to interfere in the personal laws of different communities and the arguments of Hindu members of the Constituent Assembly. Along with this, Ambedkar assured the Muslim members that this resolution is creating a 'power' and not a 'liability'.
  • He said it was too late to debate whether the Code should be implemented or not, as it had already been implemented to a large extent.
  • Furthermore, Ambedkar affirmed that even if a Uniform Civil Code is implemented, it will apply only to those who agree to it.

Legal Perspective and Decisions of the Supreme:

Shah Bano Begum vs. Mohammad Ahmed Khan (1985) case

  • The Supreme Court confirmed the right of a Muslim woman to claim maintenance from her husband under Section 125 of the Code of Criminal Procedure even after the expiry of the Iddat period.
  • The Court held that a Uniform Civil Code would help in removing contradictions based on ideologies.

Sarala Mudgal vs Union of India (1995) case

  • In this case, the Supreme Court said that a Hindu husband cannot marry another woman by converting to Islam without ending his first marriage.
  • In this case, the Supreme Court said that UCC will ban such fraudulent conversions and bigamy.

Shayara Bano vs Union of India (2017) case

  • In this case, the Supreme Court had declared the practice of triple talaq as unconstitutional and a violation of the dignity and equality of Muslim women.
  • In this case the court said that Parliament should enact a law to regulate Muslim marriage and divorce.

Significance of UCC:

  • It will integrate all the religions of India.
  • Will help in reducing vote bank politics.
  • A uniform civil code will help the society to move forward and take India towards its goal of becoming a truly developed nation.
  • It promotes true secularism.
  • It is a sign of a modern progressive nation.
  • It will help in improving the status of women in India.
  • It will create a more coherent legal system by unifying diverse personal laws.
  • This will end the confusion among people about different religions.
  • This will improve the implementation of the justice system.
  • Administrative work will become easier.

Status of UCC in other countries:

  • Uniform Civil Code is followed in many countries. These countries include Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Sudan, Egypt, America, Ireland, etc.
  • In all these countries there is a common law for all religions and there are no separate laws for any particular religion or community.

Way Forward:

  • Preserving the diversity of personal laws in the country may be of interest to certain communities, but at the same time it is important to ensure that personal laws do not contradict the fundamental rights guaranteed under the Constitution.
  • In order to implement the UCC in the country, it is desirable that all personal laws relating to family matters should first be codified to the extent possible, and the inequities which have crept into the codified law should be removed by amendment.
  • A progressive and broad outlook should be encouraged among the people to understand the spirit of a uniform civil code. For this, education, awareness and sensitization programs should be conducted.
  • A Uniform Civil Code should be drafted keeping in mind the best interest of all religions.
  • A committee of eminent jurists should be constituted to maintain uniformity.
  • Care should be taken not to hurt the sentiments of any particular community.
  • This issue is sensitive, hence its initiative should come from the concerned religious groups.
  • Instead of using it as an emotional issue to gain political mileage, political and intellectual leaders should try to build a consensus.

Conclusion: 

  • A Uniform Civil Code (UCC) is a desirable and progressive goal for a secular country. However, mere uniformity without making reasonable allowances for diverse cultural and social practices among different social groups may not be ideal.

Source: The Hindu

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Mains Question:

Write your arguments in support of implementing Uniform Civil Code (UCC) in the country.