WHAT IS UCC?

 

Uniform  Civil Code provides one law for entire country , applicable to all religious communities in their personal matters like marriage, divorce, inheritance, adoption etc.

According to article 44 state shall endeavor to secure a UCC for the citizens throughout  the territory of India.

UCC AND CONSTITUENT ASSEMBLY

• Sardar Vallabhbhai Patel was the head of Sub committee on fundamental rights , it decided that securing UCC was not within the scope of Fundamental rights.
• According to Naziruddin Ahmad from Bengal who was a member of the committee, UCC  would be canceling article 25- right to freedom of religion, subject to public order morality and health.
• But K.M Munshi on the other hand said that UCC will promote the unity of nation and equality for women.
• B.R. Ambedkar stated that the article merely proposed that the state shall endeavor to secure a UCC , which means it would not impose it on all citizens.

NEED FOR UCC

• It will bring uniformity in cases, India does not have uniformity in most criminal and civil matters like the criminal procedure code, civil procedure code etc.
• It will enact gender justice, if UCC is enacted personal laws will cease to exist.
• It will promote secularism , A secular nation like India needs a common law for all citizens rather than differentiated rules based on religious practices. 
• All Hindus are not governed by a homogenous personal law, even after enactment of the Hindu civil code
• Hindu Marriage act of 1955 prohibits marriages among close relatives but it is still happening in south India.
• Shariat Act ; there is no uniform applicability.

ISSUES

• India is a diverse country , so concept of one nation one law cannot be applied to diverse personal laws of various communities.
• Plurality is already codified 
• The framers of constitution did not intend a total uniformity, personal laws were placed in Concurrent list.
• Many tribal groups in the country regardless of their religion follows their on customary laws.
• Article 25, preserving the freedom to practice and propagate any religion.

IMPORTANT SC JUDGEMENTS

• Mohd .Ahmed Khan vs Shah Bano Begum judgment ; 1985
• Sarla Mudgal judgment; 1995
• Paulo Coutino vs Maria Luzia Valentina Pereira case 2019.

WAY FORWARD

• Government could bring separate aspects such as marriage, adoption, etc into UCC stages.
• social reforms
• codification of all personal laws.