UTTARAKHAND’S UCC BILL

GS2 GOVERNANCE

Earlier this year, Uttarakhand became the first state in India to receive President’s assent for its Uniform Civil Code (UCC) Bill, signaling a major step towards potentially being the first Indian state to implement the UCC.

What is the Uniform Civil Code (UCC)?

The Uniform Civil Code (UCC) aims to establish a common set of personal laws that apply to all citizens, regardless of religion, gender, or caste. It seeks to harmonize laws relating to various aspects such as marriage, divorce, adoption, inheritance, and succession.

Constitutional Basis:

• Article 44 of the Directive Principles of State Policy (Part IV) in the Indian Constitution advocates that the State should secure a Uniform Civil Code for all citizens across India, ensuring equality and uniformity in personal laws.
• While Article 44 sets a directive for the state, currently, personal laws on matters like marriage, divorce, and inheritance are governed by religious-specific laws.
• Goa is an exception in India, where the Portuguese Civil Code of 1867 provides provisions similar to the UCC.

Need for UCC:

1. Gender Equality:
   • Existing personal laws often contain provisions that are discriminatory towards women, especially in areas like marriage and divorce. The UCC aims to create laws that ensure equality between men and women.
2. Social Cohesion:
   • India’s diverse religious and ethnic landscape results in a fragmented legal system, which can lead to divisions and inequalities. The UCC seeks to promote national integration and social harmony by unifying laws.
3. Reforming Society:
   • The UCC is seen as a tool for social reform, aiming to counter practices that may be rooted in superstition or ultra-conservatism, especially when they are practiced under the guise of religious beliefs.

Challenges in Implementing UCC:

1. Balancing Individual Rights and State Intervention:
   • Article 25 of the Constitution guarantees freedom of religion, and the 5th and 6th Schedule protect the customs and beliefs of tribal communities. This creates a challenge in ensuring that the UCC does not infringe upon the rights of individuals to practice their religion or uphold traditional practices.
2. Opposition from Religious Groups:
   • Religious communities and leaders often oppose the UCC, arguing that it would interfere with religious laws and customs. This opposition could lead to social and political tensions, as different groups may feel their traditions are being undermined.