Syllabus: Indian Constitution-historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
What is Uniform Civil Code (UCC)?
- Uniform Civil Code proposes a single civil law for all citizens.
- Applies to marriage, divorce, inheritance, adoption, succession matters.
- Replaces religion-based personal laws in civil affairs.
- Aims to ensure legal uniformity across communities.
Historical Background
- Pre-Independence Developments
- Lex Loci Report (1840) stressed uniform codification of civil laws.
- Recommended uniformity in offences, evidence, contracts.
- Excluded codification of Hindu and Muslim personal laws.
- B.N. Rau Committee (1941) proposed codified Hindu law reforms.
- Focused on granting equal rights to women.
- Post-Independence Developments
- Special Marriage Act, 1954 enabled civil marriage irrespective of religion.
- Applied to Indians abroad and interfaith couples.
- Four major Hindu law enactments reformed personal laws:
- Hindu Marriage Act, 1955.
- Hindu Succession Act, 1956.
- Hindu Minority and Guardianship Act, 1956.
- Hindu Adoption and Maintenance Act, 1956.
Existing Personal Law Structure
- Hindu Succession Act, 1956 governs Hindus, Sikhs, Jains, Buddhists.
- Muslim Personal Law regulates Muslim civil matters.
- Indian Succession Act, 1925 applies to Christians, Parsis, Jews.
- Special Marriage Act provides interfaith marriage registration.
Key Judgements and Committees
- Shah Bano Case (1985): Highlighted urgency of UCC in maintenance rights.
- Sarla Mudgal Case (1995): Advocated UCC for gender justice.
- Paulo Coutinho Case (2019): Emphasised uniformity for legal consistency.
- Law Commission (2018): Favoured reforming personal laws over UCC.
- Law Commission (2022): Sought public and religious stakeholder views.
Arguments in Favour of UCC
- Article 44 mandates UCC under Directive Principles.
- Promotes secularism by separating religion from civil law.
- Strengthens national unity through common citizenship.
- Ensures gender justice by removing discriminatory practices.
- Simplifies legal procedures in family disputes.
- Codification improves access to justice and dispute resolution.
Arguments Against UCC
- May threaten religious freedom under Article 25.
- Risks undermining cultural and community diversity.
- Lacks consensus among religious communities.
- Raises federal concerns under State List Entry 5.
Way Forward
- Build consensus through stakeholder consultations.
- Ensure politically neutral and inclusive implementation.
- Promote awareness on benefits of legal uniformity.
- Adopt gradual reforms aligning personal laws with equality principles.
