IAS Gyan

Daily News Analysis

UNIFORM CIVIL CODE

2nd May, 2023 POLITY AND GOVERNANCE

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Context: A Political party during election campaigning for the upcoming Karnataka State legislative election has announced to implement Uniform Civil Code (UCC) in the state if elected to power.

Details

  • The party claims that the UCC would ensure equality and justice for all citizens, irrespective of their religion, caste, gender or region.
  • The party argues that the UCC would promote national integration and social harmony by eliminating the differences and conflicts arising from the application of different personal laws.

Uniform Civil Code (UCC)

  • The UCC is a proposed law that would replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
  • The UCC covers various aspects of family law, such as marriage, divorce, inheritance, adoption and maintenance.

Concern

  • The announcement has sparked a heated debate among various sections of society, especially among religious minorities who fear that the UCC would infringe upon their fundamental rights and freedoms.
  • Some critics have also questioned the constitutional validity and feasibility of implementing the UCC in a diverse and pluralistic country like India.

Conclusion

  • The UCC has been a contentious issue in Indian politics for decades. The Constitution of India has a directive principle that states that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. However, this directive principle is not enforceable by any court and is subject to the discretion of the legislature.
  • The Supreme Court of India has repeatedly urged the government to enact the UCC in several judgments, citing the need to protect the rights of women and children who suffer from discrimination and injustice under personal laws. However, no concrete steps have been taken by any government so far to draft or implement the UCC.

Must Read Articles:

Uniform Civil Code (UCC): https://www.iasgyan.in/daily-current-affairs/uniform-civil-code-15#:~:text=The%20uniform%20civil%20code%20will,universal%20Principles%20that%20promote%20equity.

PRACTICE QUESTION

Q. Which of the following statements is incorrect regarding the Uniform Civil Code (UCC) in India?

1. UCC is a proposal to replace the personal laws of different religious communities with a common set of laws for all citizens.

2. UCC is explicitly mentioned in Part 4, Article 44 of the Indian Constitution as a Directive Principle of State Policy.

3. UCC has been implemented only in Goa.

4. UCC aims to promote national integration, gender justice, equality, and the dignity of women.

Choose the correct code;

(A) 1, 2 and 3 only

(B) 1, 2 and 4 only

(C) 2, 3 and 4 only

(D) 1, 2, 3 and 4

Answer: D

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