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

Secular Civil Code	Uniform Civil Code (UCC)
Inclusivity: It is designed to respect religious diversity while establishing a common legal framework. Flexibility: It may allow for religious-specific practices in certain contexts but ensures that core aspects of personal law are consistent across all religions. Objective: It focuses on maintaining secularism in law while harmonizing practices in personal matters.	Standardization: It proposes a common set of laws that completely replaces religious personal laws with a single legal code applicable to all citizens. Uniformity: It seeks to eliminate religious distinctions in legal matters, promoting a single legal standard. Objective: It aims for complete legal uniformity to ensure equality before the law.