What is Uniform Civil Code? - Current Affairs

Here are some recent news headlines about the Uniform Civil Code (UCC) in India:

• "PM Modi pushes for Uniform Civil Code, hits out at Opposition parties" (Indian Express, June 28, 2023)
• "Law Commission invites views on Uniform Civil Code" (The Hindu, June 27, 2023)
• "Supreme Court revisits Uniform Civil Code debate 45 years after Shah Bano's Rs 20 per month alimony judgment" (The Economic Times, June 25, 2023)
• "Mere opposition to Sharia cannot be the basis for Uniform Civil Code, says Shiv Sena" (The Economic Times, June 24, 2023)
• "What is Uniform Civil Code? Constitutional provisions, arguments | Explained" (Hindustan Times, June 23, 2023)

These headlines show that the UCC is a hotly debated topic in India. Some people believe that it is necessary to have a uniform set of laws governing personal matters such as marriage, divorce, and inheritance, while others believe that it would violate religious freedom. The government has not yet announced any plans to implement a UCC, but the issue is likely to continue to be debated in the years to come.

Here are some additional details about the UCC:

• The UCC is a proposal to replace the current system of personal laws in India, which are based on religious texts and customs.
• The UCC would establish a single set of laws governing personal matters for all citizens, regardless of their religion.
• The UCC has been a subject of debate in India since the country's independence in 1947.
• Some people believe that the UCC is necessary to ensure equality and uniformity in the law.
• Others believe that the UCC would violate religious freedom and cultural diversity.
• The government has not yet announced any plans to implement a UCC, but the issue is likely to continue to be debated in the years to come.

Q1: What is the Uniform Civil Code in India?

A1: The Uniform Civil Code (UCC) is a proposed law in India that aims to create and implement personal laws that are applicable to all citizens, regardless of their gender, sexual orientation, or religion.

Q2: What is the history behind the Uniform Civil Code in India?

A2: The idea of a UCC in India can be traced back to the British government's 1835 report, which recommended the need for uniformity in the codification of Indian law. The Hindu Law Committee and the B. N. Rau Committee were formed in the 20th century to address the codification of Hindu law. The discussions on the UCC gained significance after the Shah Bano case in 1985.

Q3: Why was the Uniform Civil Code proposed in the Rajya Sabha?

A3: A bill proposing the creation of a commission to draught a UCC was introduced in the Rajya Sabha by a BJP member, Kirodi Lal Meena. The bill aimed to establish a national inspection and investigation commission to develop a uniform civil code for the entire nation.

Q4: Why are Muslims and other conservative groups against the Uniform Civil Code?

A4: Muslim organisations and conservative religious groups have expressed opposition to the UCC, citing concerns about secularism and the protection of Sharia and religious practises. They argue that personal laws should govern matters such as marriage, divorce, inheritance, adoption, and maintenance, and that these laws should be distinct from public laws.

Q5: What are the main arguments for and against the Uniform Civil Code in India? 

A5: The main argument against a UCC is that it infringes on the right of citizens to practise the religion of their choice and maintain their unique cultural traditions. The proponents of a UCC argue that it would bring uniformity and equality to personal laws, safeguard vulnerable communities, and simplify complex regulations related to marriage, succession, inheritance, and adoptions.

Q6: What is the purpose of the Uniform Civil Code in India?

A6: The purpose of the UCC in India is to ensure the protection of vulnerable communities, including women and religious minorities, while promoting national unity. It aims to simplify and unify the existing personal laws that are currently based on religious views.

Q7: What does the Indian Constitution say about the Uniform Civil Code?

A7: Articles 25–28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious organisations to conduct their own affairs. Article 44 of the Constitution directs the Indian state to apply common law and directive principles to all Indian citizens while formulating policies.

Q8: When were the personal laws drafted in India?

A8: Personal laws were originally drafted during the British Raj, primarily for Hindu and Muslim populations. Hindu code bills were introduced after India gained independence to reform and codify personal laws for different sects of Indian religions. Goa, under colonial rule, retained its unified civil code.

Q9: What is the Hindu Code Bill?

A9: The Hindu Code Bill was a piece of legislation introduced in India to reform and codify personal laws related to Hindus, Buddhists, Jains, and Sikhs. It aimed to update Hindu personal law and grant women increased property rights and ownership opportunities.

Q10: What is the difference between civil and criminal laws in India?

A10: In India, civil laws are influenced by religious beliefs and vary based on personal laws applicable to specific communities. On the other hand, criminal laws in India are uniform and apply to all citizens equally, irrespective of their religious views.

Q11: What are the personal laws in India?

A11: Personal laws in India are laws that are applicable to specific groups of people based on their religion, caste, beliefs, and customs. These laws govern various aspects such as marriage, divorce, inheritance, adoption, co-parenting, property rights, maintenance, guardianship, and charitable contributions. These personal laws are derived from and governed by the sacred texts and scriptures of different religions, such as the Hindu and Muslim personal laws.

Q12: How does the Uniform Civil Code impact the LGBTQIA+ population in India?

A12: The Uniform Civil Code, by not making distinctions based on gender or sexual orientation, offers hope for the LGBTQIA+ population in India. Until now, no applicable law in India has recognised same-sex marriages as legal. The implementation of a UCC could provide equal rights and legal recognition for same-sex marriages.

Q13: What role did the Shah Bano case play in the discussion of the Uniform Civil Code?

A13: The Shah Bano case, which occurred in 1985, brought the issue of the Uniform Civil Code to the forefront of Indian politics. The case raised concerns about applying certain laws to all citizens without infringing upon their fundamental right to freedom of religion. It particularly highlighted the discussions surrounding Muslim Personal Law and its application to unilateral divorce and polygamy.

Q14: How have personal laws been drafted in India?

A14: Personal laws in India have been drafted through a process of careful examination of traditional practises and religious scriptures. These laws are specific to different communities and are influenced by their caste, religion, faith, and beliefs. Hindu personal laws, for example, are derived from Hindu scriptures, while Islamic personal laws are based on the Quran.

Q15: Has there been any recent progress or developments regarding the implementation of a Uniform Civil Code in India?

A15: Recent attempts to introduce a Uniform Civil Code in India have been met with various challenges and have not been successfully implemented. Bills proposing a UCC have been introduced but were quickly removed without being introduced in Parliament. The issue continues to be a subject of debate and discussion among various stakeholders in Indian society.