Context:
The Uttarakhand Cabinet approved the rules for the Uniform Civil Code (UCC) at its meeting chaired by Chief Minister Pushkar Singh Dhami.
The Uniform Civil Code (UCC) of India
UCC is a homogeneous set of legislation that governs personal matters among citizens of the country, in this case Indians, such as marriage, divorce, adoption, inheritance, and succession.
It is a provision of Article 44 of the Indian Constitution wherein it is stated that it is the Directive Principle of State Policy. The implementation of UCC had been a question of debate since decades.
Constitutional History and Leading Judicial Pronouncements
- Debates of Initial Stages
- The UCC was included by the Sub-Committee on Fundamental Rights in their draft.
- Division of Rights
- UCC was divided to the section that became non-justiciable by M.R. Masani, Hansa Mehta and Amrit Kaur.
- Debates in the Constituent Assembly
- The Draft Article 35 later transformed into Article 44 by including UCC into the Directive Principles thereby making it not mandatory.
- Advocates for UCC for National Unity and Secularism
- K.M. Munshi asks for the protests when the existing common criminal code has not invited protests.
Key Judicial Pronouncements on UCC
- Shah Bano Case
- Supported a Muslim woman’s right to maintenance by connecting it to national integration.
- Jorden Diengdeh Case
- Underlined contradictions in the laws relating to divorce and supported UCC for uniformity of laws.
- Sarla Mudgal Case
- Highly supportive of UCC, especially for the majority Hindu population.
- Pannalal Bansilal Pitti Case
- Recognized India’s pluralism and advocated for gradual introduction of UCC.
- Lily Thomas Case
- Stressed the importance of UCC with regard to succession.
- John Vallamattom Case
- Struck down discriminatory provisions in Christian personal law, thereby reaffirming the need for UCC.
- Shabnam Hashmi Case
- Connected Juvenile Justice Act to UCC and spoke about the importance of the same laws.
- Shayara Bano Case
- Relates to triple talaq and brings the debate back on the topic of UCC but in relation to the question of human rights.
Cases Arguing for UCC
- Equality Under the Law
- The UCC will provide the equal rights of everyone under one law, according to Article 14 of the Indian Constitution.
- Empowering Women
- Triple talaq, unequal inheritance rights, and child marriage could be issues such a law might strike at the root of.
- Facilitating the Legal System
- Personal laws would become smoother and easier for courts to administer and for citizens to comprehend.
- National Integration
- The new UCC law could work towards national integration as it would teach the lessons of citizenship as opposed to religious identity.
- Modernization and Social Reform
- A UCC could be an opportunity to reform outdated practices and align personal laws with contemporary social values.
- International Alignment
- Adopting a UCC could align India with international human rights standards, potentially improving its standing on global indices.
Arguments Against the UCC
- Cultural Preservation
- A UCC could erode India’s diverse heritage.
- Religious Liberty
- It has been argued it could violate religious liberty under Article 25 of the Constitution
- Minority Issues
- It’s believed to disproportionately affect some communities.
India’s UCC Challenges and Solutions
- Minority
- Minority population perceives UCC is likely to cause dilution in their cultural identities.
- Implementation
- A law satisfying all cultures of a divided nation is unthinkable.
- Federalism concerns
- The nationwide UCC implementation would undermine the federal structure of India.
- Economic concerns
- A UCC implementation would require a sea change in the legal system, and such a process may be too costly.
Solutions
- Inclusive Dialogue
- A consensus built by consulting with different stakeholders.
- Phased Implementation
- Gradual change with a focus on broad agreement areas first and more contentious issues.
- Constitutional Safeguards
- Protection of minority rights and cultural practices.
- Evidence-Based Reform
- State-level initiatives on personal law reforms are studied.
UPSC Civil Services Examination Previous Year’s Question (PYQs)
Prelims
Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012)
- Securing for citizens of India a uniform civil code
- Organising village Panchayats
- Promoting cottage industries in rural areas
- Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
(a) 1, 2 and 4 only
(b) 2 and 3 only
(c) 1, 3 and 4 only
(d) 1, 2, 3 and 4
Ans: (b)
Mains
Q. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (2015)
