On February 4, the Uttarakhand cabinet approved the final draft of the Uniform Civil Code (UCC) for the state, paving the way for it to be tabled in the assembly.
If the code is passed by the assembly, Uttarakhand will become the first state in India to implement a UCC. Although Goa follows a uniform law governing the same aspects as the UCC, it was a law introduced by the Portuguese in 1867. Other states such as Madhya Pradesh, Assam, Maharashtra and Gujarat have mentioned UCC, however, there has been little development on the formation of a committee to effect it.
The Uttarakhand government's decision to introduce the UCC for the state has a long constitutional history. The UCC had a mention in the constitution when it was introduced. In addition, BR Ambedkar, who headed the committee that drafted the constitution of India, spoke about the need for a UCC in India.
In June 2023, the Law Commission of India solicited views and ideas from the public and recognised religious organisations on the UCC. The commission is examining the UCC after a reference sent by the Ministry of Law and Justice.
It carried out a similar exercise in 2018 and published a paper titled ‘Reforms of Family Law’ in August 2018. However, since the tenure of the then Law Commission expired and as it has been more than three years since the exercise was carried out, the Law Commission has now invited fresh views.
The larger questions, however, are: What is the UCC? Why has it still not been implemented despite being featured in the constitution? What did the framers of the Constitution feel about it? Moneycontrol answers these questions.
What is the Uniform Civil Code?
The UCC is contemplated as a single law to govern the personal aspects of all citizens of India such as marriage, divorce, inheritance and adoption. If implemented, the UCC will apply equally to all citizens of India, irrespective of their religion, sex, gender and sexual orientation.
If introduced, acts such as the Hindu Marriage Act, the Hindu Succession Act, the Christian Marriage Act, the Parsi Marriage and Divorce Act, and other such codified laws will be repealed.
In addition, the Muslim community, which follows uncodified personal laws, will have to follow the UCC. Codified personal laws were written based on a community’s traditional practices. For instance, Section 7 (2) of the Hindu Marriage Act speaks of how a marriage becomes binding only on performing Saptapadi (the taking of seven steps by the bridegroom and the bride jointly around the sacred fire).
The UCC will have to wade through traditional practices to come up with a set of common practices to be followed by people in the entire country, cutting across religious lines.
Is there constitutional sanction for the UCC?
Article 44 of the constitution says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
However, Article 44 is a part of the Directive Principles of State Policy, which are not enforceable in a court of law. They are merely aspirational directives asking the government in power to implement certain laws.
What did Ambedkar say about UCC in the Constituent Assembly?
The Constituent Assembly was founded before the nation attained Independence in 1947. The debate on the UCC took place in November 1948. In these debates, India’s first law minister Ambedkar famously called it a “little corner that we have not been able to invade.”
Ambedkar’s idea was to implement the UCC because the country already had common civil, criminal and property laws. However, the legislators were not able to “invade the little corner” — personal laws that dealt with marriage and succession.
Even though Ambedkar was particular about introducing the UCC, there was opposition from many leaders.
Ambedkar had opined, “The argument whether we should attempt such a thing seems to me somewhat misplaced for the simple reason that we have, as a matter of fact, covered the whole lot of the field which is covered by a uniform Civil Code in this country. It is therefore too late now to ask the question of whether we could do it. As I say, we have already done it.”
What is the Supreme Court’s take on the UCC?
As legislating and implementing laws are in the domain of the government, the apex court has remained silent on the UCC. However, the court has, through its judgments, emphasised the need for a UCC.
In the Shah Bano case in 1985, the court observed, “Article 44 of our Constitution has remained a dead letter. There is no evidence of any official activity in framing a Common Civil Code for the country. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”
In Sarala Mudgal’s case in 1995, the SC said, “When more than 80 percent of the citizens have already been brought under the codified personal law there is no justification whatsoever to keep in abeyance, any more, the introduction of ‘uniform civil code’ for all citizens in the territory of India.”
The court also emphasised the urgent need for a common civil code in its judgment in Ms Jordan Diengdeh vs SS Chopra in 1985.
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