Hindu Editorial Analysis : 10-February-2024

Recently, the Uttarakhand Cabinet approved the Uniform Civil Code (UCC) Bill, making it the first state to adopt such a code after India gained independence. The UCC is a significant topic that has its roots in the discussions held during the framing of the Indian Constitution.

What is the Uniform Civil Code (UCC)?

The UCC aims to provide a single legal framework for all citizens of India, regardless of their religion. Currently, issues related to marriage, divorce, and inheritance are governed by personal laws that vary by religion. The UCC is mentioned in Part IV of the Constitution, which includes the Directive Principles of State Policy (DPSP).

  • Article 44 of the DPSP states:
    “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

Arguments in Favor of UCC

Several reasons support the implementation of the UCC:

  • Gender Equality: Influential members of the Constituent Assembly, like Dr. B.R. Ambedkar, believed that the UCC would promote gender equality and national unity.
  • Combating Discrimination: Supporters argue that religious personal laws can lead to discriminatory practices, especially against women.
  • Reinforcing Secularism: A common civil code would strengthen the secular nature of India.
  • Simplifying Legal Processes: Legal experts believe that the UCC would simplify laws regarding divorce and inheritance, replacing outdated religious laws.

Arguments Against UCC

Despite its potential benefits, there are strong arguments against the UCC:

  • Violation of Fundamental Rights: Critics claim that implementing the UCC infringes upon the rights guaranteed by the Constitution, such as:
    • Article 25: Freedom to practice one’s religion.
    • Article 29: Right to maintain a distinct culture.
  • Respect for Religious Laws: Many believe that altering religious laws should only happen with community consent.

Supreme Court’s Stance

The Supreme Court of India has often called for the implementation of the UCC. Notable cases include:

  • Shah Bano Case (1985): The Court discussed whether to prioritize criminal law or Muslim personal law, advocating for the UCC.
  • Sarla Mudgal Case (1995): Similar calls for UCC implementation were made.
  • Paulo Coutinho Case (2019): The Court reiterated the need for a UCC.

Law Commission’s Perspective

In 2016, the government sought the Law Commission’s opinion on how to create a UCC amidst numerous personal laws in India. The Commission’s 2018 report noted:

  • A unified nation does not require complete uniformity.
  • Secularism should respect the existing diversity.
  • The Commission deemed a UCC “neither necessary nor desirable” at that time.

Instead, it suggested examining discriminatory practices within specific religions and amending personal laws accordingly. Some measures in marriage and divorce were recommended to be uniformly accepted across all religions.

Why In News

The Uttarakhand Cabinet has cleared the Uniform Civil Code Bill, making it the first state to adopt a UCC post-independence, a move that could set a precedent for other states to follow in redefining personal laws across the nation.

MCQs about Uniform Civil Code

  1. What is the primary aim of the Uniform Civil Code (UCC)?
    A. To enforce different laws for each religion
    B. To provide a uniform legal framework for all citizens
    C. To promote only Hindu personal laws
    D. To abolish all personal laws
    Correct Answer: B. To provide a uniform legal framework for all citizens
    Explanation: The UCC aims to create a single legal framework applicable to all citizens of India, regardless of their religion, thereby ensuring equality in personal laws like marriage and divorce.
  2. Which Article of the Directive Principles of State Policy refers to the UCC?
    A. Article 21
    B. Article 44
    C. Article 25
    D. Article 29
    Correct Answer: B. Article 44
    Explanation: Article 44 of the Directive Principles of State Policy states that the State shall endeavor to secure a uniform civil code for all citizens throughout India.
  3. What concern is raised by opponents of the UCC?
    A. It will simplify legal processes.
    B. It promotes gender equality.
    C. It violates fundamental rights.
    D. It enhances secularism.
    Correct Answer: C. It violates fundamental rights.
    Explanation: Opponents argue that implementing the UCC infringes upon fundamental rights guaranteed by the Constitution, such as the freedom to practice one’s religion and the right to maintain a distinct culture.
  4. What was the Law Commission’s recommendation regarding the UCC in its 2018 report?
    A. It is necessary for national unity.
    B. It should be implemented immediately.
    C. It is neither necessary nor desirable at this stage.
    D. It should focus only on Hindu laws.
    Correct Answer: C. It is neither necessary nor desirable at this stage.
    Explanation: The Law Commission concluded that while a UCC could be beneficial, it is not essential at this moment and recommended focusing on amending discriminatory practices within existing personal laws instead.

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