Uniform Civil Code: how it impact, complete details

Uniform Civil Code (UCC) has reignited the political debate following Prime Minister Narendra Modi remarks ahead of the elections in Madhya Pradesh. Prime Minister Modi on Tuesday said that India cannot run on two laws and that Uniform Civil Code was part of the Constitution.

Uniform Civil Code is a proposal in India that is aimed at replacing personal laws based on religions, customs, and traditions with one common law for everyone irrespective of religion, cast, creed, sexual orientation, and gender. The Uniform Civil Code is mentioned in part 4th of the constitution which says the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

The framers of the Constitution envisioned that there would be a uniform set of laws that would replace primitive personal laws of every religion with regard to marriage, divorce, inheritance, and adoption. UCC is part of the Directive Principles of the State Policy which is not enforceable or justiciable in a court of law and is fundamental to the country’s governance.

In 2018, the Law Commission submitted a 185-page consultation paper on the reform of family law at the Modi government’s request. The Law Commission stated that UCC “is neither necessary nor desirable at this stage”, the report recommended that discriminatory practices, prejudices, and stereotypes within a particular religion and its personal laws should be studied and amended.

These Indian states have Uniform Civil Code:

Talking about the Uniform Civil Code, one cannot ignore Goa. The Goa Civil Code is in force since Portuguese times and is considered a Uniform Civil Code. In 1867, Portugal enacted a Portuguese civil code and in 1869 it was extended to Portugal’s overseas provinces (that included Goa). However, it is quite complex on the ground.

The Uttarakhand government on May 27 last year announced its decision to implement the Uniform Civil Code in the state. The State government constituted the five-member committee led by Desai, to prepare a draft proposal for implementation of the UCC. Uttarakhand Chief Minister Pushkar Singh Dhami has earlier said that the committee will submit its report by June 30 this year.

Earlier, Assam Chief Minister Himanta Biswa Sarma underlined the need for the implementation of the Uniform Civil Code in the state and said that the introduction of the legislation is necessary to give justice to all Muslim women. The Gujarat government has also supported the implementation of the Uniform Civil Code.

Also Read: Anna Bhagya Scheme Big Announcement: Govt will give money instead of Rice