Uniform Civil Code
Uniform Civil Code is a law related to social matters which applies equally to people of all religions in matters like marriage, divorce, maintenance, inheritance and child adoption etc. It has been mentioned in Article 44 of the Indian Constitution, which is a part of the Directive Principles of State Policy.
Recently, Uttarakhand Legislative Assembly passed the Uniform Civil Code Uttarakhand – 2024 Bill and became the first state in the country to pass a law on Uniform Civil Code. Apart from this, Gujarat and Assam are also working on implementing Uniform Civil Code.
Main points of Uniform Civil Code applicable in Uttarakhand:
- This law will be applicable to all residents of Uttarakhand (except tribal communities).
- Under this law, it is mandatory to register within 60 days for married people and within one month for those in live-in relationship.
- This law gives equal rights to both sons and daughters in ancestral property. Now both sons and daughters have been given equal rights in the property without will.
- The personal laws of India are varied and quite complex and people of each religion have to follow their own special laws.
Personal Laws of India:
- Indian Succession Act, 1925- Applicable to Christian, Parsi, and Jewish communities
- Hindu Succession Act 1956 – Applicable to Hindu, Sikh, Jain and Buddhist communities
- Muslim Personal Law – applicable to Muslim community
- Special Marriage Act – This recognizes inter-religious marriages.
Arguments in favor of Uniform Civil Code:
- Secularism will be promoted.
- National unity and integration will be promoted.
- Gender inequality will reduce.
- Simplification of laws will become possible.
- It codifies personal laws. Provisions related to this are given in the Constitution, such as Article 441.
Arguments Against
- Lack of consensus among communities
- Threat to federal structure
- Threat to religious freedom and diversity
Seen in this way, the Uniform Civil Code (UCC) should ensure fairness for all based on the principles of equality, justice and non-discrimination and the existing personal laws should be reviewed.
