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28th January 2025 (10 Topics)

Uniform Civil Code (UCC)

Context

Uttarakhand becomes India's first state to implement a Uniform Civil Code, aiming for equal rights in marriage and inheritance, amid political controversy.

What is UCC (Uniform Civil Code)?

  • UCC (Uniform Civil Code) refers to a single set of laws that applies uniformly to all citizens of a country, regardless of their religion, caste, or community.
  • The idea is to replace personal laws, which are based on religion, with common laws for important issues like marriage, divorce, inheritance, and adoption.
  • Goa is the only other state of the country that already had a common civil code, introduced when it used to be a Portuguese colony.
  • Key Features of UCC:
    • Uniformity: It seeks to ensure that all citizens are treated equally under the law, no matter their religious beliefs or practices.
    • Equality for Women: A major aim of UCC is to ensure equal rights for women, especially in areas like inheritance, divorce, and alimony, where different communities may have varying laws.
    • Abolishing Discriminatory Practices: UCC aims to eliminate practices seen as discriminatory or outdated, such as polygamy, child marriage, and triple talaq (instant divorce in some Muslim communities).
    • Common Laws: It would replace personal laws (laws specific to religions like Hindu law, Muslim law, Christian law, etc.) with a common set of laws governing the mentioned personal matters.
  • The UCC applies to all residents of Uttarakhand, except Scheduled Tribes and protected authority-empowered persons and communities.

Different Civil Codes in India

  • In India, personal laws governing marriage, divorce, inheritance, and other such matters are based on religious texts and customs.
    • The major religious communities in India, including Hindus, Muslims, Christians, and Sikhs, have their own distinct personal law.
    • There are three major personal law codes in India:
    • Hindu Personal Laws: Governed by various acts like Hindu Marriage Act 1955, Hindu Succession Act 1956.
    • Muslim Personal Laws: Based on their religious laws and Sharia covering marriage, succession, inheritance.
    • Christian Personal Laws: Regulated by Indian Christian Marriage Act 1872 and Indian Succession Act 1925.
  • Personal laws in India are part of the Concurrent List of the Constitution, meaning that both the Centre and the states can make laws on this subject.
  • However, in case of conflict, those made by the Union will apply.
  • At the same time, many of the relevant jurisdictional subjects -- such as property, land, marriage registration etc -- are part of the state list.

Background in India:

  • Directive Principle of State Policy: The Indian Constitution includes a directive to eventually bring in a UCC for all citizens (Article 44). However, this has not yet been implemented fully.
  • Debate: The UCC has been a topic of debate in India for years.
    • Positive aspects: It will promote national integration, equality, and justice.
    • Negative aspects: It could undermine religious freedom and the cultural identity of different groups.

PYQ

Q. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (2015)

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