Uniform Civil Code

  • A Uniform Civil Code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. The need for such a code takes in to account the constitutional mandate of securing justice and equality for all citizens.
  • A uniform criminal code is applicable to all citizens irrespective of religion, caste, gender and domicile in our country. But a similar code pertaining to marriage, divorce, succession and other family matters has not been brought in to effect.
  • Article 44 of the Directive Principles (DPSP) in the Constitution says the “State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.”
  • The objective of this endeavour should be to address the discrimination against vulnerable groups and harmonise diverse cultural practices.

Supreme Court of India on Uniform Civil Code

  • The Supreme Court for the first time directed the parliament to frame a Uniform Civil Code in 1985 in the case of Mohd Ahmed Khan v Shah Bano Begum.
  • In Sarla Mudgal v Union of India 1995, Justice Kuldip Singh reiterated the need for the Parliament to frame a Uniform Civil Code, which would help the cause of national integration by removing contradictions based on ideologies.
  • Therefore, the responsibility entrusted on the State under Article 44 of the Constitution whereby a Uniform Civil Code must be secured has been urged by the Supreme Court repeatedly as a matter of urgency.

If Uniform Civil Code’s implemented, it will -

  • Provide equal status to all citizens
  • Promote gender parity
  • Accommodate the aspirations of the young population
  • To support the national integration
  • Bypass the issue of reform of existing personal laws

Arguments against the Uniform Civil Code are-

  • It will pose practical difficulties due to diversity in India.
  • Common perception about UCC as the encroachment on one’s religious freedom.
  • It is regarded as the interference of State in personal matters.
  • It is a sensitive and tough task to implement as the masses are not ready to intake such reforms.