Madhya Pradesh Assembly passes Uniform Civil Code (UCC) Bill, 2026 | Current Affairs | Vision IAS

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In Summary

  • Madhya Pradesh passed a UCC law, becoming the fourth state to do so, aiming for uniform personal laws across religions.
  • Key provisions include banning polygamy, criminalizing triple talaq, ensuring equal inheritance rights, and mandating live-in relationship registration, with exemptions for Scheduled Tribes.
  • Challenges involve potential violations of fundamental rights, incomplete uniformity due to tribal exemptions, and legislative overreach before national consensus.

In Summary

Madhya Pradesh became fourth state after Uttarakhand, Gujarat and Assam to pass a UCC law.

  • UCC refers to a uniform system of personal laws applicable to all irrespective of religion, covering matters like marriage, divorce, maintenance, inheritance etc. 

Key Provisions of Bill

  • Marriage and Divorce: Bans polygamy, criminalises practices such as triple talaq and nikah halala, mandating formal registration for all marriages and divorces
  • Inheritance: Grants equal property and inheritance rights to men and women.
  • Live-in Relationships: Registration within one month is mandatory; married individuals entering live-in relationships face up to five years of imprisonment and fine.
    • Children born out of live-in relationships will be considered legitimate and entitled to full inheritance rights.
  • Tribal Exemption: Scheduled Tribes protected under Articles 342 and 366(25) are excluded to preserve their traditional customs.

Need for UCC

  • Constitutional Mandate: Legislation fulfills Directive Principles of State Policy under Article 44 to secure a unified civil legal framework.
  • Gender Justice: It liberates women from retrograde marital practices, ensuring social empowerment and equal legal footing across all communities.
  • National Integration: Standardizing civil laws fosters social harmony, directly aligning with vision of 'One Nation, One Constitution'.

Challenges associated with UCC

  • Violates Fundamental rights: Article 25 (freedom of religion) and Article 29 (cultural rights of minorities). 
    • Criminalising civil matters like live-in relationships is seen as state intrusion into personal liberty.
  • Incomplete Uniformity: Excluding state's 21% tribal population creates parallel legal systems.   
  • Legislative Overreach: State-level enactment before comprehensive Union government consensus, circumventing ongoing evaluations by Law Commission.

Supreme Court Judgements on UCC

  • Ahmed Khan v. Shah Bano Begum (1985): Gender justice and need for uniformity in personal laws.
  • Shayra Bano v. Union of India (2017): Setting aside talaq-e-biddat (instant and irrevocable talaq under Shariat Act 1937) as an arbitrary practice. 


 

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RELATED TERMS

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Law Commission of India

An independent statutory body established by the Government of India to review and recommend reforms in the legal system. It submits reports to the government with suggestions for amendments or new legislation.

Shayra Bano v. Union of India (2017)

A Supreme Court judgment that declared triple talaq (talaq-e-biddat) unconstitutional, terming it arbitrary and discriminatory against women. This paved the way for legislative action to criminalize the practice.

Ahmed Khan v. Shah Bano Begum (1985)

A landmark Supreme Court judgment that upheld the right of Muslim women to maintenance from their husbands after divorce, emphasizing gender justice and the need for uniformity in personal laws. It sparked significant debate on the UCC.

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