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In Summary

  • Supreme Court suggested UCC to address gender bias in personal laws, aiming for a common law for all citizens.
  • Article 44 directs the State to endeavor for a UCC, with marriage and succession on the Concurrent List.
  • Uttarakhand is the first state to implement UCC; Goa has a common civil code from 1867; 21st Law Commission deemed UCC unnecessary at this stage.

In Summary

Recently, the Supreme Court in Pavini Shukla vs UoI suggested UCC to address gender bias in personal laws.

About Uniform Civil Code (UCC)

  • It seeks to replace religion-based personal laws with a common law applicable to all, irrespective of religion, caste, creed, gender, or sexual orientation.
  • Constitutional provision: 
    • Article 44: directs the State to endeavour to secure a uniform civil code for citizens throughout the territory of India.
    • Federal status: Marriage, divorce, adoption, and succession are part of concurrent list (7th schedule) allowing both Centre and States to enact laws.

Need of UCC

  • Ensures Gender Justice: UCC eliminates discriminatory practices in personal laws.
  • Promotes Secularism: UCC ensures that civil laws are not influenced by religious beliefs, thus upholding the principle of secularism.
  • Simplifies Legal Procedures: Associated with marriage, divorce, and inheritance.
  • Fosters National Unity: By transcending religious and community divisions, UCC promotes common citizenship and strengthens national unity.

Current Status of UCC In India 

  • Uttarakhand  became the 1st state and only in independent India  to implement UCC till date
  • Goa has had a form of common civil code is in practice, the Portuguese Civil Code of 1867. 
  • Currently, there is no nationwide UCC in India.
    • Supreme Court in various judgements e.g., Shah Bano (1985), Sarla Mudgal (1995), has called for implementation of UCC.
  • 21st Law Commission of India (2018) in one of its Consultation Paper opined that the formulation of UCC is neither necessary nor desirable at this stage, rather emphasized on the reforms must be undertaken on family laws of every religion to make them gender-just. 
Tags:
Uniform-Civil-Code 21st-Law-Commission Article-44

Article Sources

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https://www.newsonair.gov.in/sc-says-time-has-come-for-uniform-civil-code-urges-legislative-action/
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21st Law Commission of India

A body that reviews and suggests changes in the law. In 2018, it opined that a UCC was neither necessary nor desirable at that stage, instead advocating for reforms within existing family laws of different religions to ensure gender justice.

Shah Bano Case

A landmark Supreme Court judgment in 1985 that granted maintenance rights to a divorced Muslim woman, highlighting the need for gender-just personal laws and reigniting the debate on Uniform Civil Code.

Secularism

A principle that advocates for the separation of state from religion and religious institutions. In the Indian context, it means equal respect and treatment for all religions by the state, with no religion being favoured or discriminated against. This is a fundamental tenet of the Indian Constitution.

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