Uniform Civil Code (UCC) :What and Why?

Uniform Civil Code

 

Last week the Supreme Court has asked the government if it is serious about implementing the Uniform Civil Code. A bench of justices Vikramjit Sen and Shiva Kirti Singh questioned the government about its mandate on framing the UCC so that "unvarying standards are ushered in and all religions are regulated by the same yardsticks in the matter of law".

What is Uniform Civil Code (UCC) :

 

 Uniform Civil Code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set of governing each citizen.  These laws are distinguished from public law and cover marriage,  divorce, inheritance, adoption and maintenance. Article 44 of the Constitution sets its implementation as the duty of the States. Goa is the only state with the UCC. Although the demand for UCC  was made by the first Prime Minister of  India Pandit Jawaharlal Nehru, his supporters and women activists, they had to finally accept the compromise of it being added to the Directive Principles because of heavy opposition i.e Jan Sangh.

While the Hindu Code was reformed, other religions were allowed to keep their old laws(Substantially anti-women). Thus the personal law in India had two  major areas of application: the common Indian law and the Muslim community whose laws were kept away from the reform. Thus Muslim women have to put up with   pologamy, unilateral divorce and restricted of access to alimony inheritance.

Example: Shah Bano Case(1985) .

Why Uniform Civil Code needed now ? 

The Shah Bano Case became nationwide political issue and most- controversial debate. An independent MP proposed a bill to protect their personal law in Parliament. The ruling party Congress support this bill while the opposition  parties, Muslim Liberals and women activists strongly opposed this bill.

A common civil code is needed to enable the application of modern laws to all section of Indian society and also create a common framework for progressive laws that all sections of Indian society can enjoy.

Till now, political parties have been serious on the UCC on paper only, not practically. But today there is need of practically seriousness about UCC.

In sept. 2003, then President of India , Dr.A.P.J Abdul Kalam supported the need of Uniform Civil Code, keeping the view of the population of the Country.

While directing the government  about UCC, the SC said "This cannot be accepted, otherwise every religion will say it has a right to decide the Various issues as a matter of its personal law. We don't agree with this at all. It has to be done through a decree of court."