01 December, 2024
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