UNIFORM CIVIL CODE BASICS
- A uniform civil code will mean a set of common personal laws for all citizens. Currently, for example, there are different personal laws for Hindus and Muslims. Personal law covers property, marriage and divorce, inheritance and succession.
- Uniform Civil code is enshrined as article 44, as part of the Directive Principles of States policy, in the Indian Constitution. It makes the implementation of the Uniform Civil Code as a duty of the state
WHY IN NEWS?
The Law Commission of India has said that a Uniform Civil Code (UCC) is “neither necessary nor desirable at this stage.”
LAW COMMISSION OF INDIA
- Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform.
- Chairman – Justice B. S. Chauhan (21st Law Commission)
START
- It was in June 2016 that the 21st Law Commission of India was asked to examine the feasibility of a Uniform Civil Code as enshrined in the Constitution.
- Now, two years later and after meeting several stakeholders, the commission has released a consultation paper where it has suggested several amendments and changes to personal laws.
WHAT ARE THE OBSERVATIONS MADE?
Uniformity – Difference does not always imply discrimination in a robust democracy. So a unified nation does not necessarily need to have “uniformity.” Cultural diversity cannot be compromised to the extent of preserving uniformity. As, uniformity itself cannot become a threat to the territorial integrity of the nation.
WHAT ARE THE OBSERVATIONS MADE?
- Secularism – Secularism could not contradict the plurality prevalent in the country.
- The term ‘secularism’ has meaning only if it assures the expression of any form of difference.
- This diversity, both religious and regional, should not get subsumed under the louder voice of the majority.
- However, discriminatory practices within a religion should not hide behind that faith to gain legitimacy.
WHAT DOES THE COMMISSION CALL FOR?
The commission stresses on efforts to reconcile the country’s diversity with universal arguments on human rights. Codification – The commission has called for the codification of all personal laws. This would help in bringing to light the prejudices and stereotypes in all religion. They can eventually be tested on the anvil of fundamental rights of the Constitution.
WHAT DOES THE COMMISSION CALL FOR?
Universal principles – Codification of different personal laws could help arrive at certain universal principles. These may facilitate prioritising equity rather than imposition of a Uniform Code. A uniform code would only discourage many from using the law altogether. This is especially given the fact that matters of marriage and divorce can be settled extra-judicially as well.
POLYGAMY
- It suggested making polygamy a criminal offence and applying it to all communities.
- This is not recommended owing to merely a moral position on bigamy, or to glorify monogamy.
- It rather emanates from the fact that only a man is permitted multiple wives, which is unfair.
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