Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

Uttarakhand Cabinet approves Uniform Civil Code Manual

Explained | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Mains level: Uniform Civil Code;

Why in the News?

The Pushkar Dhami Cabinet in Uttarakhand approved the UCC with plans to roll it out after the local body elections. Uttarakhand will be the first state in India to implement the UCC.

What is the Uniform Civil Code?

  • The UCC refers to a single law that governs personal matters such as marriage, divorce, inheritance, adoption, and succession for all citizens of India, irrespective of their religion.
  • Constitutional Basis: Article 44 of the Directive Principles of State Policy (DPSP) in the Indian Constitution envisions a UCC to promote national integration by eliminating discrepancies in personal laws.

What are the significance of UCC? 

  • Equality and Justice: UCC ensures equal treatment of all citizens, irrespective of religion, caste, or gender, by replacing diverse personal laws with a unified legal framework. This promotes fairness and eliminates discriminatory practices in personal matters like marriage, divorce, and inheritance.
  • Gender Parity and Women’s Empowerment: Personal laws often favor patriarchal norms, disadvantaging women in areas like inheritance and divorce. UCC addresses these disparities, granting women equal rights and fostering gender justice.
  • National Integration: By unifying personal laws across communities, UCC strengthens national unity and reduces divisions based on religion or community-specific laws. It promotes secularism and reinforces the idea of “one nation, one law”.
  • Simplification of Legal Systems: A common civil code simplifies the legal process by eliminating inconsistencies among various personal laws, making it easier for citizens to understand their rights and obligations.
  • Closing Loopholes in Personal Laws: UCC addresses biases and loopholes in existing personal laws that perpetuate inequality or favouritism, ensuring a more just legal system for all citizens.

What is the Judicial stand on it? 

  • Mohd. Ahmed Khan vs. Shah Bano Begum (1985): This case marked a pivotal moment when the Supreme Court urged the government to enact a UCC.
    • The Court highlighted that a common civil code would promote national integration by eliminating conflicting loyalties to different personal laws.
  • Jordan Diengdeh vs. S.S. Chopra (1985): The Court reiterated the “immediate and compulsive need for a uniform civil code”.
  • Sarla Mudgal vs. Union of India (1995): In this case, the Supreme Court criticised the government’s inaction regarding the UCC, asserting that over 80% of citizens were already governed by codified personal laws and that there was no justification for delaying its introduction any further.
  • John Vallamattom vs. Union of India (2003): The Supreme Court again stressed the need for a UCC, lamenting that Article 44 had not been implemented and reiterating its role in fostering national unity by resolving contradictions arising from diverse personal laws.
  • Shayara Bano vs. Union of India (2017): In addressing the issue of triple talaq, the Supreme Court underscored that the Constitution mandates the state to provide for a UCC to address various social injustices and legal inconsistencies stemming from personal laws.
  • Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira (2019): The Court expressed disappointment over the lack of progress towards a UCC, noting that while personal laws reflect religious beliefs, they should not be exempt from reform in a secular state.

What are the challenges? 

  • Cultural Resistance: There is significant opposition from various religious groups who view the UCC as an infringement on their cultural and religious practices. This resistance can lead to social unrest and political backlash.
  • Political Controversy: The UCC is often a contentious political issue, with parties divided along ideological lines. This can complicate legislative processes and delay implementation.
  • Legal Complexity: The integration of diverse personal laws into a single code poses substantial legal challenges. Ensuring that the new code respects individual rights while being comprehensive enough to address various community needs requires careful drafting.
  • Awareness and Training: Effective implementation requires extensive training for officials and awareness campaigns for citizens to understand their rights under the new code. This necessitates significant resources and time.

Way forward: 

  • Phased Implementation and Pilot Projects: Begin with optional UCC adoption in specific regions or for limited personal law aspects (e.g., marriage or inheritance) to test feasibility and address concerns gradually.
  • Inclusive Stakeholder Engagement: Conduct extensive consultations with religious leaders, community representatives, and legal experts to build consensus and ensure the code respects India’s diversity while upholding constitutional values.

Mains PYQ:

Q Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC IAS/2015)

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now

Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments

JOIN THE COMMUNITY

Join us across Social Media platforms.

💥Mentorship January Batch Launch
Talk To Mentor
💥💥Mentorship January Batch Launch
Talk To Mentor