Uniform Civil Code

Uniform Civil Code

• Uniform Civil Code generally refers to that part of law which deals with family affairs of an individual and denotes uniform law for all citizens, irrespective of his/her religion, caste or tribe.

• A Uniform Civil Code administers the same set of secular civil laws to govern different people belonging to different religions and regions. This supersedes the right of citizens to be governed under different personal laws based on their religion or ethnicity. The common areas covered by a civil code include:

a) Personal Status
b) Rights related to acquisition and administration of property
c) Marriage, divorce and adoption

• Uniform Civil Code will in the long run ensure Equality. Also, UCC will help to promote Gender equality.

• The need for a uniform civil code is inscribed in Article 44 (Article 35 in the draft constitution). This article is included in Part IV of the Constitution dealing with the directive principles of state policy. The legal nature of the Directive Principles is such that it cannot be enforced by any court and therefore these are non judicial rights. The Constitution further calls upon the State to apply these principles in making laws as these principles are fundamental in the governance of the country.

• Article 44, which deals with the Uniform Civil Code states: “The State shall endeavor to secure for the citizens, a uniform civil code throughout the territory of India”. The objective of this article is to effect an integration of India by bringing all communities into a common platform which is at present governed by personal laws which do not form the essence of any religion.

• In India, Goa is the only state to have implemented the directive principle on the Uniform Civil Code and converted it into a law called the Goa Civil Code or the Goa Family Law. It is the set of civil laws that governs all the Goans irrespective of the religion or the ethnicity to which they belong.