Uniform Civil Code

What is UCC? UCC is the Uniform Civil Code, and the Uniform Civil Code meaning in Hindi is Samāna Nāgrika Saṃhitā. It calls for the proposal to formulate the implement personal laws of citizens of one law for India. Currently, personal laws of various communities, such as marriage, inheritance, divorce, and adoption, are governed by their religious scriptures, however, UCC would be applicable to all these matters. 

Civil Code comes under Article 44 of the Constitution (also known as uniform civil code article 44), which lays the foundation that the state shall work towards securing a Uniform Civil Code for the citizens across the Indian territory.

Along with the UCC meaning, this page explains the uniform code of law for all. Besides the civil code meaning, we will understand What Is common Civil Code and what is the Uniform Civil Code Pros and Cons?

Uniform Civil Code: Origin

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From the above text, we understood the Uniform Civil Code meaning, now we will understand where did the Uniform Civil Code Originate From?

UCC’s origin goes back to colonial India when the British government presented its report in 1835 focusing on the requirement for uniformity in the codification of Indian law related to crime, proof, and agreements, explicitly suggesting that personal laws of Hindus and Muslims be kept outside such codification. 

Expansion in legislation while managing personal matters in the far end of the British guideline forced the government to frame the B. N. Rau Committee to codify Hindu law in 1941. The assignment of the Hindu Law Committee was to analyze the subject of the need for common Hindu laws. The board of trustees, as per sacred writings, suggested a codified Hindu law, which would give equivalent rights to women. The 1937 Act was examined and the board suggested a civil code of marriage and progression for Hindus.

Explain The Uniform Civil Code of Law For All

From the above text, we understood the UCC meaning, now let us understand what is UCC In India and what is its significance.

For the first time, Personal laws were under the British Raj that applied chiefly to Hindu and Muslim citizens on grounds of a specific or group of people based on their religions, faith, and culture. 

However, the British faced severe opposition from community leaders, and therefore, abstained from further interfering with the domestic sphere. Later on, due to colonial rule in the erstwhile Portuguese Goa and Damon, Goa got separated from British India and retained a common family law known as the Goa civil code and hence the only Indian state with a uniform civil code to date. 

Following India's independence, Hindu code bills were introduced and substantially codified and reformed personal laws among various Indian religions like Buddhists, Hindus, Jains, and Sikhs while identifying a few communities as distinct from Hindus, like Christians, Jews, Muslims, and Parsis.

However, implementation of UCC is a paramount task that needs to be applicable across the nation. Moreover, its contentious promises were pursued by India's ruling BJP already. Personal laws are significant issues to be addressed and spreading secularism in Indian politics continues to remain in disagreement by India's Muslim groups and other conservative religious groups and multiple divisions in defence of sharia and religious customs. 

Why Uniform Civil Code is Necessary For India? 

At present, UCC has popped up as a matter of interest in Indian politics following the Shah Bano case in 1985. The debate heated up the situation as a result of making certain laws applicable to all citizens without lessening the fundamental right of the right to exercise religious functions. 

Following this, the debate focused on the Muslim Personal Law, which is partially based on the Sharia law, allowing unilateral divorce, polygamy (having multiple wives), and placing it in the legally applied Sharia law. 

Do you know that UCC was proposed twice? Well! Firstly, in November 2019 and secondly, in March 2020 but was abandoned soon both times without introduction in parliament. 

Reason: Due to differences between BJP & RSS, the bill was reported for inspection, also faced multiple oppositions primarily from Muslims, Indians left as a danger to religious freedom, While BJP continues to resist it as "a contemporary and scientific way of living".

Uniform Civil Code Article 44: Why is Article 44 Important?

The target of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonize diverse social groups across the nation. Dr. B. R. Ambedkar, while planning the Constitution had said that a UCC is a preference but for the moment it ought to stay voluntary, and therefore, Article 35 of the draft Constitution was added as a fragment of the Directive Principles of the State Policy partially IV of the Constitution of India as Article 44. It was included in the Constitution as a perspective that would be fulfilled when the country would be prepared to acknowledge it and the social acknowledgement to the UCC could be made. 

Ambedkar in his discourse in the Constituent Assembly had said, "Nobody need be troubled that if the State has the power, the State will quickly continue to execute… that power in a way might be observed to be opposed by the Muslims or by the Christians or by any other community. I figure it would be a frantic government in the event that it did so."

Do you know what the common civil code is? If not, let us understand the meaning of the civil code.

What is the Common Civil Code?: What Will The UCC Do?

The aim of UCC is to safeguard vulnerable sections of the society as imagined by Ambedkar including women and minorities communities, while additionally advancing nationalistic enthusiasm through unity. At this point, when sanctioned, the UCC code will attempt to simplify laws that are distributed at present based on religious beliefs,  like the Hindu code bill, Shariat law, and others. The code will unravel the mystery of the tangled laws around marriage ceremonies, inheritance, progression, adoptions making them one for all. A similar common law will then, at that point be appropriate to all citizens independent of their faith.

What is Civil Code: Does It Really Matter To Have UCC in India?

Indian laws do follow a uniform code in the following civil matters:

• Indian Contract Act, 

• Civil Procedure Code, 

• Sale of Goods Act, 

• Transfer of Property Act, 

• Partnership Act, 

• Evidence Act, and so on States.

Noteworthy, hundreds of amendments were made, and therefore,  in certain matters, there is variety even under these secular civil laws. As of late, a few states refused to be administered by the uniform Motor Vehicles Act, 2019. 

On the off chance that the framers of the Constitution had suggested having a Uniform Civil Code, they would have an absolute jurisdiction to Parliament in regard to personal laws, by including this subject in a Union List, while "personal laws" are cited in the Concurrent List. Last year, the Law Commission inferred that a Uniform Civil Code is neither possible nor desirable.

Following this, Minority Affairs Union Minister, Mukhtar Abbas Naqvi on Saturday (10th July 2021) announced that the Uniform Civil Code (UCC) will be applicable to all kinds of castes and communities across India.

Uniform Civil Code Pros and Cons

What is the Civil Code?

Pros:

• Equal status to all the Indian citizens and gender parity

• Support national integration and oblige the youth aspirations.

• To resolve the contentious issue of existing personal laws.

What is the Uniform Civil Code?

Cons:

• Creates practical difficulties because of the diversified nation.

• Sensitive and inflexible task.

• Time is not right to reform Indian law.

What is the Civil Code: News and Interesting Facts

• The Delhi court recently urged the implementation of the UCC. It stated that the Uniform Civil Code (UCC) should not “remain just hope”, therefore, it must be implemented to highlight the importance of a common set of civil laws including marriage and divorce, etc.

• Eventually, a UCC will emerge as an evolutionary process, which maintains India’s rich heritage, for which all the personal laws are equal constituents.

• In a judgment on the uniform civil code,  delivered on 7 July 2021, Justice Pratibha M. Singh noticed that “the contemporary Indian society is gradually becoming homogenous, and felt a relief that this homogeneity will eliminate all the traditional barriers of religion, community, and caste.”