What is the Uniform Civil Code debate?, Pg12

Key Highlights:

• The Union Home Minister has indicated the implementation of the Uniform Civil Code (UCC) in all NDA-ruled States by 2029.
• Uttarakhand has had a UCC in force since January 2025.
• UCC bills passed by Assam, Gujarat, and Madhya Pradesh legislatures are awaiting Presidential assent.
• Article 44 of the Indian Constitution mandates the State to endeavor to secure a UCC for citizens.
• A UCC aims to apply the same set of secular personal laws to all people, irrespective of religion.

Detailed Insights:

• India currently has uniform criminal and common civil laws, but personal matters like marriage, divorce, and inheritance are governed by diverse religious personal laws.
• Examples of existing personal laws include the Hindu Marriage Act (1955), Hindu Succession Act (1956), Anand Marriage Act (2012), and Muslim Personal Law (Shariat) Application Act (1937).
• Proponents argue that UCC would foster secularism and ensure gender justice by providing equal rights for women across religions.
• Opponents raise concerns about potential conflicts with Fundamental Rights, specifically Article 25 (freedom of religion) and Article 29 (protection of distinct culture).
• The Constituent Assembly debated UCC, ultimately placing it in the non-justiciable Directive Principles of State Policy (Part IV) due to concerns over religious freedom.
• The exemption of tribal populations from UCC in some states, while making it compulsory for others, is seen as discriminatory by critics.
• The Supreme Court has affirmed that practices against constitutional morality and equality do not receive protection under Article 29.
• Dr. B.R. Ambedkar had suggested a voluntary application of UCC in the Constituent Assembly.
• The Law Commission (2018) recommended reforming discriminatory provisions within existing personal laws to achieve 'equality within communities' rather than implementing a UCC at that stage.

Key Concepts Involved:

• Uniform Civil Code (UCC): A common set of secular personal laws for all citizens, replacing diverse religious personal laws.
• Directive Principles of State Policy (DPSP): Non-justiciable guidelines in Part IV of the Constitution for the State to follow in governance.
• Fundamental Rights: Justiciable rights guaranteed to citizens in Part III of the Constitution, including freedom of religion and cultural protection.
• Personal Laws: Laws governing matters like marriage, divorce, inheritance, and adoption based on religious scriptures and customs.
• Constitutional Morality: Adherence to the core principles and values enshrined in the Constitution, overriding individual or group practices.