UNIFORM CIVIL CODE
 
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UNIFORM CIVIL CODE

Sat 03 Feb, 2024

Context

  • The Uttarakhand government had constituted the Justice Ranjan Desai Committee to draft the Uniform Civil Code (UCC).
  • Recently this committee has submitted the draft report to Chief Minister Pushkar Singh Dhami.

 Key Points

  • This report is given in four sections and its title is 'Fostering Equality Through Uniformity' .
  • The 'Goddess of Justice' on the cover page of this report is not blindfolded. This means that the law will now look at everyone equally.
  • The draft report of the Uniform Civil Code is in Hindi and English.
  • Its first section contains the report of the expert committee while the second section contains the draft code.
  • The third section of the report contains details of the discussions with stakeholders and the fourth section contains the draft code.
  • The Uniform Civil Code will provide a legal framework for uniform marriage, divorce, land, property and inheritance laws for all citizens in the state irrespective of their religion.
  • After its implementation, Uttarakhand will become the first state in the country to adopt Uniform Civil Code after independence.
  • It is noteworthy that Uniform Civil Code has been in force in Goa since the days of Portuguese rule.
  • Following independence from Portuguese rule in 1961, Goa retained its common family law, known as the Goa Civil Code.

What is Uniform Civil Code?

  • Uniform Civil Code is mentioned in Article 44 of the Indian Constitution.
  • It is a part of the Directive Principles of State Policy (DPSP).
  • According to Article 44, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
  • It is noteworthy that the Directive Principles are not legally enforceable, but guide the state in policy making.

Benefits of Uniform Civil Code

  • Secularism will be strengthened and national unity will be encouraged.
  • Gender equality will be promoted.
  • Ancient practices can be modernised.
  • Simplification of law and order will be possible.

Challenges

  • Existence of diversity of personal laws.
  • Antagonistic attitude of religious and minority groups.
  • Lack of consensus.

What steps should be taken?

  • This issue should be resolved from the constitutional perspective.
  • Discussions with stakeholders
  • The need to adopt a balanced approach
  • To address cultural differences, emphasis should be placed on unity and uniformity.

IMPORTANT FACTS FOR EXAM

Important cases related to Uniform Civil Code

  • 1985 - Shah Bano vs Mohammad Ahmed Khan case
  • 1995 - Sarala Mudgal vs Union of India case
  • 2017 - Shayara Bano vs Union of India case

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