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Uniform Civil Code

About Uniform Civil Code

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What is Uniform Civil Code

The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
 
The issue has been at the center of political narrative and debate for over a century and a priority agenda for the Bharatiya Janata Party (BJP) which has been pushing for the legislation in Parliament. The saffron party was the first to promise the implementation of UCC if it comes to power and the issue was part of its 2019 Lok Sabha election manifesto.
 
Why is Article 44 important?
 
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country. Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44. It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.
 
Ambedkar in his speech in the Constituent Assembly had said, "No one need be apprehensive that if the State has the power, the State will immediately proceed to execute…that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so."
 
Origin of Uniform Civil Code
 
The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
 
Increase in legislations dealing with personal issues in the far end of the British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941. The task of the Hindu Law Committee was to examine the question of the necessity of common Hindu laws. The committee, in accordance with scriptures, recommended a codified Hindu law, which would give equal rights to women. The 1937 Act was reviewed and the committee recommended a civil code of marriage and succession for Hindus.
 
What is the Hindu Code Bill?
 
The draft of the Rau Committee report was submitted to a select committee chaired by B R Ambedkar that came up for discussion in 1951 after the adoption of the Constitution. While discussions continued, the Hindu Code Bill lapsed and was resubmitted in 1952. The bill was then adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act reformed the Hindu personal law and gave women greater property rights, and ownership. It gave women property rights in their father's estate.
 
The general rules of succession under the Act 1956 for a male who dies intestate is that heirs in Class I succeed in preference to heirs in other classes. An amendment to the Act in the year 2005 added more descendants elevating females to Class I heirs. The daughter is allotted the same share as is allotted to a son.
 
Difference between civil laws and criminal laws
 
While the criminal laws in India are uniform and applicable equally on all, no matter what their religious beliefs are, the civil laws are influenced by faith. Swayed by religious texts, the personal laws which come into effect in civil cases have always been implemented according to constitutional norms.
 
What are personal laws?
 
Laws that apply to a certain group of people based on their religion, caste, faith, and belief made after due consideration of customs and religious texts. The personal laws of Hindus and Muslims find their source and authority in their religious ancient texts.
 
In Hinduism, personal laws are applicable to legal issues related to inheritance, succession, marriage, adoption, co-parenting, obligations of sons to pay their father’s debts, the partition of family property, maintenance, guardianship, and charitable donations. In Islam, personal laws apply to matters relating to inheritance, wills, succession, legacies, marriage, wakfs, dowry, guardianship, divorce, gifts, and pre-emption taking roots from Quran.
 
What will Uniform Civil Code do?
 
The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others. The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.  The same civil law will then be applicable to all citizens irrespective of their faith.

Latest Updates on Uniform Civil Code

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How can India have two laws? PM Modi's pitch for Uniform Civil Code

How can India have two laws? PM Modi's pitch for Uniform Civil Code

Updated On: 29 Jun 2023 | 8:20 AM IST
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Uniform Civil Code: No uniformity in legal voices over states' power

While some argue that the Parliament is entrusted with enacting UCC, others point to states having the power to legislate on personal laws

Updated On: 08 Apr 2023 | 5:20 PM IST

UCC constitutional objective to deliver uniform justice: Arif Mohammed Khan

Kerala Governor Arif Mohammed Khan on Tuesday said a uniform civil code is the constitutional objective to deliver uniform justice to all communities

Updated On: 22 Feb 2023 | 7:43 AM IST

MP BJP bats for 'one nation, one constitution', asks Cong to clear stance

Chouhan has started asserting the need of a UCC in the state with the implementation of the PESA Act around one-and-a-half months ago

Updated On: 17 Dec 2022 | 12:27 PM IST

Sarma pitches for UCC, even as Muslim intellectuals warn of social discord

Sarma insisted that a Muslim man marrying more than one woman was not his problem, but of Muslim mothers and sisters

Updated On: 17 Dec 2022 | 12:26 PM IST

With an eye on its Muslim vote bank, SP set to strongly oppose UCC

The Samajwadi Party knows that, at present, other political outfits in the state are not in a position to take on the BJP and the SP alone can put up a spirited fight on the issue

Updated On: 17 Dec 2022 | 12:16 PM IST

Ahead of 2024, Private Member's UCC Bill poses a dilemma for Opposition

Many Upper House members have admitted that the treasury benches were seeking an opportunity and when the opposition count was low in the House then the bill was introduced

Updated On: 17 Dec 2022 | 12:13 PM IST

RS witnesses uproar over introduction of private member's bill on UCC

Amid protests by the opposition parties, the private member's bill on Uniform Civil Code (UCC) was introduced in Rajya Sabha on Friday

Updated On: 10 Dec 2022 | 12:00 AM IST

All parties should make collective effort to implement UCC, says Gadkari

Union Minister Nitin Gadkari on Friday said all parties should make a collective effort to implement a uniform civil code which will be good for the nation and humanity

Updated On: 09 Dec 2022 | 9:21 PM IST

Private member's bill on Uniform Civil Code introduced in Rajya Sabha

A controversial private member's bill that seeks to provide for a panel to prepare a Uniform Civil Code was introduced in Rajya Sabha Friday

Updated On: 10 Dec 2022 | 12:15 AM IST

BJP MP gives Zero Hour Notice in Rajya Sabha to discuss Uniform Civil code

On the third day of the Winter Session of the Parliament, BJP MP Harnath Singh Yadav gave Zero Hour Notice in Rajya Sabha to discuss the implementation of the Uniform Civil code in the country

Updated On: 09 Dec 2022 | 12:41 PM IST

MP govt to form committee for implementation of Uniform Civil Code

"Time has come for the implementation of the Common (Uniform) Civil Code in India," Chouhan said

Updated On: 02 Dec 2022 | 10:10 AM IST

MP govt to form new committee for implementation of Uniform Civil Code

The BJP government in Madhya Pradesh announced on Thursday that a committee will be formed for the implementation of the Uniform Civil Code in the state

Updated On: 01 Dec 2022 | 11:06 PM IST

Watching developments in other states on UCC, will decide later: K'taka CM

Karnataka Chief Minister Basavaraj Bommai said he is gathering information regarding developments in various states and what the Constitution says vis-a-vis the "Uniform Civil Code" (UCC)

Updated On: 28 Nov 2022 | 2:38 PM IST

Gujarat Assembly elections: BJP promises 2 mn jobs, implementation of UCC

The party will also develop two corridors, from Porbandar to Dahod and Valsad to Palanpur, two sea food parks - one each in Saurashtra and South Gujarat, as per the manidesto

Updated On: 26 Nov 2022 | 2:46 PM IST

BJP committed to bring UCC once democratic debates are concluded: Amit Shah

"Except the BJP, no other party is in favour of the Uniform Civil Code. In a democracy, healthy debate is a necessity. There is a need for open and healthy debate on the issue," he said

Updated On: 24 Nov 2022 | 5:34 PM IST

Uniform Civil Code will be implemented across country one day: Minister

Minister of State for Law and Justice SP Singh Baghel on Tuesday said Uniform Civil Code (UCC) will be implemented throughout the country one day

Updated On: 15 Nov 2022 | 10:47 PM IST

People won't be misled, state has no power to make such laws: Cong on UCC

The Gujarat Congress on Saturday said people would not be misled by the BJP government's decision to form a committee for the implementation of the Uniform Civil Code.

Updated On: 29 Oct 2022 | 7:42 PM IST

Ahead of polls, Gujarat govt decides to form committee to implement UCC

Ahead of the Assembly polls in Gujarat to be held by the year-end, the Bharatiya Janata Party govt in the state on Saturday decided to set up a committee to implement the Uniform Civil Code (UCC)

Updated On: 29 Oct 2022 | 5:07 PM IST

No direction can be issued to Parliament to frame UCC: Centre tells SC

The Law Ministry has told the Supreme Court that the court cannot direct Parliament to frame or enact any law, as it sought dismissal of PILs seeking a Uniform Civil Code (UCC) in the country

Updated On: 18 Oct 2022 | 2:12 PM IST