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Polity & Governance
Mahesh

05/02/24 07:18 AM IST

Uttarakhand’s Uniform Civil Code

In News
  • The Uttarakhand Assembly is likely to pass the State’s Uniform Civil Code (UCC) Bill during its four-day-long session in February.
About UCC
  • A UCC seeks to create a uniform set of laws to replace the distinct personal laws of every religion pertaining to subjects such as marriage, divorce, adoption, and inheritance.
  • This stems from Article 44 of the Constitution, which mandates that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
  • The provision is a part of the Directive Principles of State Policy (Part IV of the Constitution), which although not enforceable, play a pivotal role in the country’s governance.
  • Several judicial precedents such as the Supreme Court’s judgment in Minerva Mills v. Union of India (1980), have ruled that striking a balance between fundamental rights and Directive Principles of State Policy was part of the basic structure of the Constitution. 
Draft UCC
  • The draft UCC is set to focus on gender equality by introducing provisions that treat men and women equally, especially in matters pertaining to inheritance.
  • Catering to demands from Muslim women in the State, it will also revoke practices governing marriage and divorce such as polygamy, iddat (mandatory period of waiting to be observed by women following the dissolution of a Muslim marriage) and triple talaq.
  • The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
  • However, the minimum age for marriage for men and women is set to remain the same — 18 years for women and 21 years for men.
  • Other issues such as divorce, marriage registrations, adoption, and social security for ageing parents will also be covered under the law. The committee has reportedlly also prescribed the mandatory registration of live-in relationships.
Supreme Court Intervention
  • In its 1985 judgment in the Shah Bano Begum case, the Court observed that “it is a matter of regret that Article 44 has remained a dead letter” and called for its implementation. Such a demand was reiterated in subsequent cases such as Sarla Mudgal v. Union of India (1995), and John Vallamattom v. Union of India (2003) among others.
  • In 2019, in its Jose Paulo Coutinho v. Maria Luiza Valentina Pereira judgment, the Court hailed Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and accordingly urged for its pan-India implementation.
  • Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.”
Way forward
  • Goa already has a UCC but it dates back to the 1870s when the State was under Portuguese rule and not a part of the Indian Union.
  • The code is not exactly uniform and makes concessions for certain religious customs. For instance, it permits a certain form of polygamy for Hindus, and Muslims in the State are governed by Portuguese law as well as Shastric Hindu law.
  • Catholics also need not register their marriages and Catholic priests can dissolve marriages performed by the Church
Source- The Hindu

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