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Secular Civil Code
Context
Prime Minister Narendra Modi highlighted the need for a 'Secular Civil Code' as opposed to the term 'Uniform Civil Code' (UCC). This shift in terminology underscores a nuanced approach to integrating diverse personal laws within a secular framework, aiming to unify legal standards while respecting religious diversity.
What is a Secular Civil Code?
- A Secular Civil Code refers to a set of laws that governs personal matters such as marriage, divorce, inheritance, and maintenance uniformly for all citizens, irrespective of their religion, but is framed within a secular, non-religious context.
- It aims to create a common legal standard while maintaining respect for diverse religious practices and beliefs.
What is Uniform Civil Code?
- UCC proposes a common set of laws for all citizens, regardless of their religion, covering matters such as marriage, divorce, inheritance, succession, and adoption.
- The Uniform Civil Code is mentioned in Part IV of the Constitution, which states that the government "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
- UCC is part of the Directive Principles of State Policy, which are not enforceable by law but are fundamental to the country's governance.
- Supreme Court’s views: The Supreme Court has called for the implementation of the UCC in several judgments.
- In 1985 Ahmed Khan vs Shah Bano Begum case, where a divorced Muslim woman sought maintenance from her ex-husband, the Court highlighted the need for a UCC while deciding whether the CrPC or Muslim personal law should prevail.
- The Court also urged the government to implement the UCC in the 1995 Sarla Mudgal case and the 2019 Paulo Coutinho vs Maria Luiza Valentina Pereira case.
- Currently, the UCC is only implemented in Goa, while a bill is under consideration in Uttarakhand.
Comparison of Secular and Uniform Civil Laws
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Secular Civil Code |
Uniform Civil Code (UCC) |
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