Uniform Civil Code: India is a land of diversity, where people of different religions, cultures, and traditions coexist. However, this diversity also challenges the legal system, which deals with various personal laws based on religious scriptures and customs. These personal laws govern matters such as marriage, divorce, inheritance, and adoption and often differ from one community to another. This leads to conflicts, discrimination, and injustice, especially for women and minorities.

To address this issue, under Article 44, one of the Directive Principles of State Policy, the Constitution of India states that the state shall endeavor to secure a Uniform Civil Code (UCC) for its citizens. A UCC is a standard set of laws that would apply to all citizens, regardless of their religion, in matters of personal law. The idea behind a UCC is to promote national integration, gender equality, and human rights.

However, implementing a UCC has been controversial and politically sensitive for many years. While some argue that a UCC is necessary to uphold the secular and democratic values of the country, others contend that it would violate the religious freedom and identity of the people. The debate has been reignited recently, as the state of Uttarakhand has tabled a bill on UCC in its assembly, proposing new laws on divorce, maintenance, and polygamy.

This blog post will explore the concept, history, and arguments for and against a UCC in India. We will also examine the challenges, suggestions for its implementation, and possible implications for society.

Table of Contents

What is UCC Uniform Civil Code in India?

The Uniform Civil Code (UCC) is a law that the Indian government wants to make. It would apply the same rules to everyone, no matter what their religion, gender, or sexual orientation is. Right now, different religions have different rules for things like marriage, divorce, inheritance, and adoption.

UCC Full Form

UCC means Uniform Civil Code (India). UCC is a law that would cover all the personal matters of people.

Here is a possible rewritten article in normal English language with the heading “Uniform Civil Code In India History”:

Uniform Civil Code In India History

The Uniform Civil Code (UCC) is a law that the Indian government wants to make. It would apply the same rules to everyone, no matter what their religion, gender, or sexual orientation is. Right now, different religions have different rules for things like marriage, divorce, inheritance, and adoption.
The idea of UCC came from a report by the British government in 1835. The report said that Indian law should be the same for everyone in matters of crime, evidence, and contracts. But it also said that personal laws of Hindus and Muslims should be left alone.
The British government had to make a committee in 1941 to write down Hindu law. This was because there were many new laws about personal issues at the end of British rule. The committee had to decide if Hindus needed common laws or not.
The committee said that Hindu law should be based on the scriptures. It also said that women should have equal rights under Hindu law. It looked at the 1937 Act and suggested a new law for Hindu marriage and succession.

Articles Under Uniform Civil Code (UCC)

General Provisions (Article 1): This article explains the basic ideas and rules of the UCC. It tells how the UCC works and what it covers.
Sales and Leases (Article 2 and Article 2a): Article 2 deals with the sale of things, not services or land. Article 2a deals with the lease of things, not land. These articles tell how to make contracts and agreements for buying, selling, or renting things.
Drafts and Negotiable Instruments (Article 3): This article deals with the use of drafts and negotiable instruments. These are papers that can be exchanged for money, like notes or checks. This article tells how these papers are made, used, and transferred.
Bank Deposits and Collections (Article 4): This article deals with the activities of banks. It tells how banks handle transactions and process checks.
Letters of Credit (Article 5): This article deals with the use of letters of credit. These are papers that banks or other institutions issue to help trade. They promise to pay money to someone if certain conditions are met. This article tells how these papers are made, used, and changed.
Bulk Sales (Article 6): This article deals with the sale of large quantities of things. It tells how to protect the rights and interests of the buyers and sellers.
Documents of Title (Article 7): This article deals with the use of documents that show who owns or controls something. These are papers like receipts, bills of lading, or warehouse receipts. This article tells how these papers are made, used, and transferred.
Investment Securities (Article 8): This article deals with the use of investment securities. These are papers that represent ownership or debt, like stocks or bonds. This article tells how these papers are recorded and kept.
Secured Transactions (Article 9): This article deals with the use of secured transactions. These are transactions where someone gives something as a guarantee for a debt, like a car or a house. This article tells how to make and file statements that show who has a right to the thing.

Why is Uniform Civil Code is Proposed in Rajya Sabha?

A BJP member named Kirodi Lal Meena brought a bill in the upper house to make a commission to write a UCC. He wanted the UCC to be used all over India. He brought the bill in the upper house because the bill said that there would be a national commission to check and make the UCC.

Uniform Civil Code: Why Muslims and other conservative groups are against it?

Muslim groups, and other groups that follow old religious rules and ways, do not like the UCC. They say that the UCC goes against their religion and their rights. They want to follow their own personal laws that are based on their religion. Personal laws are about things like marriage, divorce, inheritance, adoption, and maintenance. They are different from public laws that are for everyone.

What is the purpose of UCC?

The purpose of Uniform Civil Code is to have a standard set of laws for personal matters such as marriage, divorce, inheritance, and adoption for all citizens, regardless of their religion. Under Article 44, one of the Directive Principles of State Policy, the Constitution of India states that the state shall endeavor to secure a UCC for its citizens.

How does UCC affect women’s rights in India?

UCC may affect women’s rights in India differently, depending on how it is implemented and what it covers. Some of the possible effects are:

Uniform Civil Code may promote gender equality and justice by ensuring that women have equal rights and opportunities in personal matters and by eliminating discriminatory and patriarchal practices in some religious personal laws.
UCC may also infringe upon women’s rights and autonomy by imposing a uniform code that does not respect the diversity and pluralism of Indian society and by ignoring the specific needs and concerns of women from different communities.
UCC may create conflicts and tensions among different religious groups, especially among minorities, who may perceive it as a threat to their identity and freedom. This may lead to violence and insecurity for women, who are often the most vulnerable in such situations.
UCC may not be sufficient to address the root causes of gender discrimination and violence in India, which are linked to social, economic, and cultural factors. UCC may also divert attention from other urgent issues affecting women, such as education, health, employment, and political participation.

Uniform Civil Code in India: What are the main arguments?

Some people do not like the Uniform Civil Code. They say that it goes against their right to follow their religion, which has its own laws. For example, Article 25 of the Constitution says that every religious group can run its own affairs. Article 29 says that they can keep their own culture.

The people who made the Constitution did not make the UCC a fundamental right. Some tribal groups also do not want the UCC. They want to protect their traditions and beliefs from the UCC. For example, the Rashtriya Adivasi Ekta Parishad asked the Supreme Court in 2016 to save their customs from the UCC. In some tribal areas in Nagaland, the local rules are more important than the national laws for things like marriage and property.

Some people also say that the UCC is not fair because it does not follow the idea of “one nation, one law”. They say that if the Uniform Civil Code (UCC) wants to make the personal laws the same for everyone, then it should also make the civil laws and criminal laws the same for everyone. But this is not the case. For example, the states of West Bengal and Tamil Nadu changed the national Indian Evidence Act of 1872. Also, different states have different ages for drinking alcohol.

Moreover, the Constitution allows both the Parliament and the State Assemblies to make personal laws. They put the personal laws in the Concurrent List as number 5. This means that both the central and state governments can make laws on this matter. If the people who made the Constitution wanted the personal laws to be the same for everyone, they would have put them in the Union List and given only the Parliament the power to make them.

Lastly, some people say that the UCC will force a Hindu code on all the communities. They say that the UCC will have some rules that are based on Hindu tradition and will make other communities follow them too. For example, the UCC may have some rules about marriage that are according to Hindu culture and will make them legal for everyone.

What is the status of UCC in India today?

The status of UCC in India is still a matter of debate and discussion among various stakeholders. The UCC is a proposed law that would apply the same rules to everyone, no matter what their religion, gender, or sexual orientation is. Right now, different religions have different rules for things like marriage, divorce, inheritance, and adoption.

One of the recent developments on the UCC is that the Law Commission of India issued a public notice on June 14, 2023, inviting views and suggestions from the public and religious organizations on the UCC. The Commission has decided to revisit the topic, which the 21st Law Commission last explored in a consultation paper in August 2018.

Another development is that the state of Uttarakhand has taken a step towards implementing the UCC by passing a bill in its assembly on February 6, 2024. The bill was based on a report by a five-member committee headed by former Supreme Court judge Ranjana Prakash Desai, which suggested changes to existing laws on personal matters. The bill aimed to promote gender equality, justice, and national integration by introducing uniform laws on marriage, divorce, inheritance, adoption, and other issues.

However, the UCC faces challenges and opposition from various quarters, such as religious groups, minority communities, political parties, and civil society organizations. Some of the arguments against the UCC are that it would violate the constitutional right to freedom of religion, that it would ignore the diversity and pluralism of Indian society, that it would impose a Hindu code on all communities, and that it would not address the root causes of gender discrimination and violence.

Therefore, the UCC is still a contentious and complex issue in India, which requires a lot of consultation, consensus, and sensitivity to resolve.

What is the purpose of the Uniform Civil Code (UCC) in India for the UPSC Exam?

The Uniform Civil Code (UCC) in India is a law that the Indian government wants to make. It would protect the weak groups, like women and religious minorities, as Ambedkar wanted. It would also make the country more robust and more united. The UCC would make the laws simpler and the same for everyone. Right now, different religions have different rules for things like marriage, divorce, inheritance, and adoption. The UCC would make these rules easier and the same for all people. No one would have different laws because of their religion.

Uniform Civil Code in India: What does the Indian Constitution say?

The Indian Constitution says that every person can follow their religion and every religious group can run its affairs. These are Articles 25-28 of the Constitution. Article 44 of the Constitution says that the Indian government should try to make a UCC for all people. This is one of the government’s goals. The UCC also gives hope to the LGBTQIA+ people in India. The UCC does not care about the gender or sexual orientation of the people. It treats everyone equally. No law in India right now accepts same-sex marriages as legal.

Uniform Civil Code in India: When were the personal laws drafted?

The personal laws for mainly Hindu and Muslim people were written during British rule. The British did not want to change these laws because they were afraid of the religious leaders’ reaction.

Goa, a state in India, was separated from the rest of India because it was ruled by the Portuguese before. Goa kept its family law, called the Goa civil code, which is the same for everyone. Goa is the only state in India that has a UCC.

After India became free, the Hindu code bills were made. These bills changed and wrote down the personal laws for different Indian religions like Buddhists, Hindus, Jains, and Sikhs. But they did not include Christians, Jews, Muslims, and Parsis because they were seen as different from Hindus.

Uniform Civil Code and Shah Bano Case

In 1985, the Uniform Civil Code (UCC) became a big topic in Indian politics because of the Shah Bano case. This case was about applying laws to everyone without removing their right to follow their religion.

The topic then became about Muslim Personal Law, which lets one person end a marriage and marry more than one person. This law is one of the ways that Sharia law is used. The UCC was suggested again in November 2019 and March 2020 but was not brought to the parliament.

Uniform Civil Code: What is the Hindu Code Bill?

The Hindu Code Bill was a plan to change and write down the Hindu personal laws. B. R. Ambedkar was the group leader who looked at the plan in 1951 after the Indian Constitution was made. The plan was discussed for some time but still needs to be passed. It was brought back in 1952.

The Hindu Succession Act was a part of the Hindu Code Bill passed in 1956. It changed and wrote down the laws for Hindus, Buddhists, Jains, and Sikhs when someone dies without a will. The Act gave more rights and chances to women to own property. It gave women the right to get property from their fathers.

The Act of 1956 had rules for who gets the property when a man dies without a will. The first group of people, Class I heirs, contact the property before the second group, Class II heirs. The Act was changed in 2005 to add more people to Class I heirs. It also made women equal to men in Class I heirs. The daughter gets the same share as the son.

Uniform Civil Code: What is the difference between civil and criminal laws?

Civil laws are about things between people, like marriage, divorce, inheritance, and adoption. Criminal laws are about things that are wrong and harmful, like murder, theft, and rape. Civil laws are influenced by religion, but criminal laws are the same for everyone, regardless of religion. The personal laws used in civil cases are based on the Constitution but are also affected by religious books.

Uniform Civil Code: What are personal laws?

Personal laws are made for a specific group based on caste, religion, faith, and beliefs. They are based on the traditional ways and religious books of that group. Hindu and Muslim personal laws are examples of personal laws. They are based on the holy books of Hinduism and Islam.

Hinduism has personal laws for inheritance, succession, marriage, adoption, co-parenting, sons’ duty to pay their father’s debts, the division of family property, maintenance, guardianship, and charity contributions. These legal matters affect Hindus, Buddhists, Jains, and Sikhs.

Islam has personal laws for things like pre-emption, guardianship, marriage, wakfs, dowry, inheritance, wills, succession, legacies, and marriage. These are legal matters that affect Muslims.