Uniform Civil Code (UCC)

Why in the News?

Prime Minister's recent Independence Day speech emphasized the need for a Uniform Civil Code (UCC), advocating for a secular civil framework over the current religion-based personal laws.

About Uniform Civil Code (UCC)

• Definition: UCC refers to a unified set of personal laws applicable to all citizens, regardless of religion, governing matters such as marriage, divorce, maintenance, inheritance, adoption, and succession.
• Current Status:
• Most personal matters in India are governed by respective religious laws.
• Goa has a form of a common civil code under the Portuguese Civil Code of 1867, while Uttarakhand adopted UCC in 2024.
• The 21st Law Commission of India (2018) suggested reforms in family laws rather than an immediate formulation of UCC.

Need for UCC in India

• Constitutional Duty: Article 44 mandates the state to secure a UCC for all citizens, promoting gender justice, national integration, and equality before the law.
• Modernizing Laws: Current laws dividing citizens based on religion must be abolished to facilitate societal progress (e.g., polygamy in Muslim law).
• International Obligations: Aligning with human rights conventions, UCC can strengthen India’s commitment to international norms.
• Simplification of Laws: A standardized legal framework would ensure efficient dispute resolution.
• Adapting to Contemporary Society: UCC would promote inclusivity and individual freedoms, aligning laws with modern values.

Supreme Court Judgments on UCC

• Ahmed Khan v. Shah Bano Begum (1985): Advocated for gender justice and uniformity in personal laws.
• Sarla Mudgal v. Union of India (1995): Called for reforming personal laws to prevent misuse.
• Shayra Bano v. Union of India (2017): Declared talaq-e-biddat as arbitrary, reinforcing the need for reform.

Issues Associated with Implementing UCC

• Cultural Diversity: UCC could undermine cultural and religious identities, potentially violating Article 25 (freedom of religion).
• Lack of Consensus: Implementing UCC without community agreement could lead to social unrest.
• Federalism Concerns: Critics argue that UCC could infringe upon states' legislative powers, undermining cooperative federalism.

Way Forward for Implementing UCC in India

• Consensus Building: Engage various stakeholders through inter-faith dialogues to prevent social discord.
• Socio-economic Impact Analysis: Consider the effects on marginalized communities, incorporating protective provisions.
• Education and Awareness: Promote understanding of UCC’s principles to foster a progressive outlook.
• Codification of Personal Laws: Establish universal principles through codification to ensure fairness and consistency in legal matters.