Uniform Civil Code EXPLAINER | What is UCC? What does Constitution say about it
What is Uniform Civil Code (UCC)? Why opposition is against it? Whatt he Supreme Court saying about it? How many states have Uniform Civil Code; All you need to know
Uniform Civil Code (UCC) has reignited the political debate following Prime Minister Narendra Modi's remarks ahead of the elections in Madhya Pradesh. Prime Minister Modi on Tuesday said that India cannot run on two laws and that Uniform Civil Code was part of the Constitution.
"Today people are being instigated in the name of UCC. How can the country run on two (laws)? The Constitution also talks of equal rights...Supreme Court has also asked to implement UCC. These (Opposition) people are playing vote bank politics," he said.
PM's statement triggered a nationwide debate as several opposition leaders have accused PM, Modi, of raising the UCC issue for political gains as elections approach in several states.
Congress leaders accused PM Modi of using the UCC issue as a diversion tactic from real problems like inflation, unemployment, and the situation in Manipur.
All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi on Tuesday slammed Prime Minister saying, "India's PM considers India's diversity & its pluralism a problem. So, he says such things... Maybe India's Prime Minister doesn't understand Article 29. Will you strip the country of its pluralism & diversity in the name of UCC?"
As many as 30 tribal organisations have also expressed fear that Uniform Civil Code will dilute the tribal customary laws.
"We protest the UCC for various reasons. We fear that two tribal laws -- the Chota Nagpur Tenancy Act and the Santhal Parganas Tenancy Act -- may get affected due to UCC. The two laws protect tribal lands," Adivasi Jan Parishad president Prem Sahi Munda said.
Notably, in BJP's 2019 Lok Sabha election manifesto, the party promised the implementation of UCC if it came to power.
What is Uniform Civil Code (UCC)
Uniform Civil Code is a proposal in India that is aimed at replacing personal laws based on religions, customs, and traditions with one common law for everyone irrespective of religion, cast, creed, sexual orientation, and gender.
Is UCC part of the Indian Constitution?
Yes, the Uniform Civil Code is mentioned in part 4th of the constitution which says the state "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". The framers of the Constitution envisioned that there would e a uniform set of laws that would replace primitive personal laws of every religion with regard to marriage, divorce, inheritance, and adoption. UCC is part of the Directive Principles of the State Policy which is not enforceable or justiciable in a court of law and are fundamental to the country's governance.
What is the Supreme Court saying about UCC?
The Supreme Court in various judgments has called for the implementation of the UCC. In its Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985, where a divorced Muslim woman demanded maintenance from her former husband, the SC while deciding whether to give prevalence to the CrPc or the Muslim personal law, called for the implementation of the UCC.
The Court also called on the government to implement the UCC in the 1995 Sarla Mudgal judgment, and in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).
What did the Law Commission say about UCC?
In 2018, the Law Commission submitted a 185-page consultation paper on the reform of family law at the Modi government's request. The Law Commission stated that UCC “is neither necessary nor desirable at this stage”, the report recommended that discriminatory practices, prejudices, and stereotypes within a particular religion and its personal laws should be studied and amended.
How many Indian states have Uniform Civil Code?
Talking about the Uniform Civil Code, one cannot ignore Goa.
The Goa Civil Code is in force since Portuguese times and is considered a Uniform Civil Code.
In 1867, Portugal enacted a Portuguese civil code and in 1869 it was extended to Portugal’s overseas provinces (that included Goa). However, it is quite complex on the ground.
The Uttarakhand government on May 27 last year announced its decision to implement the Uniform Civil Code in the state.
The State government constituted the five-member committee led by Desai, to prepare a draft proposal for implementation of the UCC.
Uttarakhand Chief Minister Pushkar Singh Dhami has earlier said that the committee will submit its report by June 30 this year.
Earlier, Assam Chief Minister Himanta Biswa Sarma underlined the need for the implementation of the Uniform Civil Code in the state and said that the introduction of the legislation is necessary to give justice to all Muslim women.
The Gujarat government has also supported the implementation of the Uniform Civil Code.
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Business NewsNewsIndiaUniform Civil Code EXPLAINER | What is UCC? What does Constitution say about it
First Published:28 Jun 2023, 10:30 AM IST
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