Uniform Civil Code

This article is about proposed Indian civil law. For other countries, see List of national legal systems § Civil law.

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Related topics
Family law
Family
Marriage and other unions and status
Validity of marriages
Dissolution of marriages
Children's issues
Private international law
Family and criminal code
(or criminal law)

The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures.[1] Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.[2][3]

Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The Indian state of Goa was separated from British India during the colonial rule in the erstwhile Portuguese Goa and Daman, retained a common family law known as the Goa civil code and thus was the only state in India with a uniform civil code prior to 2024. Following India's independence, Hindu code bills were introduced which largely codified and reformed personal laws in various sects among Indian religions like Buddhists, Hindus, Jains and Sikhs but they exempted Christians, Jews, Muslims and Parsis.[4][5]

UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law, permitting unilateral divorce, polygamy and putting it among the legally applying the Sharia law. A UCC bill was proposed twice, in November 2019 and March 2020 but was withdrawn both the times without introduction in the parliament. The bill is reported to be under discussion between the BJP and the Rashtriya Swayamsevak Sangh (RSS).[6] Many opposition parties and BJP's allies from the National Democratic Alliance (NDA) have opposed the Uniform Civil Code, especially from Northeast India, claiming that it will go against the "idea of India" and will end special privileges of tribal communities after renewed calls by Prime Minister Narendra Modi in June 2023 about implementing a UCC.[7][8][9]

  1. ^ Cite error: The named reference HTMAR21 was invoked but never defined (see the help page).
  2. ^ Shimon Shetreet; Hiram E. Chodosh (December 2014). Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse. Oxford University Press. ISBN 978-0-19-807712-1. Retrieved 22 August 2020.
  3. ^ "Article 44 in the Constitution of India 1949". Indian Kanoon. Retrieved 22 August 2020.
  4. ^ Rina Verma Williams (2006). Postcolonial Politics and Personal Laws. Oxford University Press. pp. 18, 28, 106, 107, 119. ISBN 0-19-568014-6.
  5. ^ Dasgupta, Sravasti (6 July 2023). "BJP Equates UCC With Gender Justice. But Can It End Discrimination In-Built in Personal Laws?". The Wire. New Delhi. Retrieved 6 July 2023.
  6. ^ Cite error: The named reference Ramchandran was invoked but never defined (see the help page).
  7. ^ Dasgupta, Sravasti (3 July 2023). "NDA Partners from Northeast Oppose BJP's Push for Uniform Civil Code". The Wire. Retrieved 6 July 2023.
  8. ^ Staff, The Wire (27 June 2023). "In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement'". The Wire. New Delhi. Archived from the original on 15 July 2023. Retrieved 16 July 2023.
  9. ^ Staff, The Wire (27 June 2023). "In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement'". The Wire. Retrieved 16 July 2023.