UNIFORM CIVIL CODE

 UNIFORM CIVIL CODE  -

The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures.

* Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While Articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs. 

➡ Differnet religion has different Personal laws 

The Story Behind UCC  

UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law, permitting unilateral divorce, polygamy and putting it among the legally applying the Sharia law.

WHAT IS THE SHAH BANO CASE 1985.....? 

Shah Bano was a 73-year-old woman who sought maintenance from her husband, Muhammad Ahmad Khan. He had divorced her after 40 years of marriage by Triple Talaaq (saying "I divorce thee" three times) and denied her regular maintenance; this sort of unilateral divorce was permitted under the Muslim Personal Law. She was initially granted maintenance by the verdict of a local court in 1980. Khan, a lawyer himself, challenged this decision, taking it to the Supreme Court, saying that he had fulfilled all his obligations under Islamic law. The Supreme Court ruled in favor of Shah Bano in 1985 under the "maintenance of wives, children and parents" provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. It further recommended that a uniform civil code be set up, stating that a uniform civil code would promote national integration by eliminating conflicting loyalties to laws with divergent ideologies. 

CONFLICTS AND CONTROVERSIES AROSE AT THAT TIME - 

The Orthodox muslim community opposed the decision of supreme court and the congress party who favour it which led to the loss of majority in elections for congress . As the people think that the JUDICIARY is interfering in their personal laws . 

It do not led to the conflict with hindus as they have their HINDU CODE BILL prior to them , and the muslim community think that the government is trying to impose the hindu culture on their community by interfering in their muslim laws . 

PROBLEMS OF UCC - 

1. It impact nation's unity 
2. It led to conflict with religions 
3. Impact country's harmony 
4. Interfering in local tribal community ritals 

➡ It might dilute the rights of religious minorities and erode India's diverse cultural and religious fabric and it also led to a political conflict with article 25 of constitution which provide freedom of religion . 

CHANGES UNDER UCC - 

- Gender equality in matter of inheritance

- eliminate practices like polygamy

- equal property share for muslim women 

- mandotary registration of live - in - relationship 

➡ It promotes equality for women and eliminating discriminatory practices done in personal laws . 

UCC IN GOA.....THE STORY IS SO FAR -  

The Indian state of Goa was separated from British India during the colonial rule in the erstwhile Portuguese Goa and Daman, retained a common family law known as the Goa civil code and thus was the only state in India with a uniform civil code prior to 2024.

UTTARAKHAND CIVIL CODE -   

On 7 February 2024, The Uttarakhand Legislative Assembly passed the The Uniform Civil Code of Uttarakhand Act, 2024, making Uttarakhand the first state in India to have a law on the Uniform Civil Code. Chief Minister Pushkar Singh Dhami describes it as a "historic moment" for the country.

CONSTITUTIONAL DECISION OF 1949 -

A Majority of 5 : 4 voted , deciding that UCC should not ve classified as FUNDAMENTAL RIGHT rather it is included in the ARTICLE 44 OF DPSP ( Directive Principal Of State Policy ) . 

➡ Article 44 of Directive Principles of State Policy states that the state shall endeavour to secure for all citizens a Civil Code that is uniform throughout the territory of India. This article provides the framework for a single, unified set of personal laws that would govern all citizens, irrespective of religion.

Many states want UCC to be implemented to promote nation's integrity and ensuring women's right and empowernment . 

➡ Hoping that this information will help you in inhancing your knowledge .

THANK YOU !