SECULAR
CIVIL CODE - POLITY
News:
Prime
Minister Narendra Modi highlighted the need for a 'Secular Civil Code' as
opposed to the term 'Uniform Civil Code' (UCC). This shift in terminology
underscores a nuanced approach to integrating diverse personal laws within a
secular framework, aiming to unify legal standards while respecting religious
diversity.
What’s
in the news?
- A Secular Civil Code refers to a set
of laws that governs personal matters such as marriage, divorce,
inheritance, and maintenance uniformly for all citizens, irrespective of
their religion, but is framed within a secular, non-religious context.
- It aims to create a common legal
standard while maintaining respect for diverse religious practices and
beliefs.
Uniform Civil Code
- UCC proposes a common set of laws for
all citizens, regardless of their religion, covering matters such as
marriage, divorce, inheritance, succession, and adoption.
- The Uniform Civil Code is mentioned
in Part IV of the Constitution, which states that the government
"shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India."
- UCC is part of the Directive
Principles of State Policy, which are not enforceable by law but are
fundamental to the country's governance.
Supreme
Court’s views: The Supreme Court has
called for the implementation of the UCC in several judgments.
·
In 1985 Ahmed Khan vs Shah Bano
Begum case, where a divorced Muslim woman sought maintenance from her
ex-husband, the Court highlighted the need for a UCC while deciding whether the
CrPC or Muslim personal law should prevail.
·
The Court also urged the government to
implement the UCC in the 1995 Sarla Mudgal case and the 2019
Paulo Coutinho vs Maria Luiza Valentina Pereira case.
·
Currently, the UCC is only implemented in
Goa, while a bill is under consideration in Uttarakhand.
Need
for Uniform Civil code
- Some members of the Constituent
Assembly, including Dr BR Ambedkar believed that a UCC was necessary
to promote gender equality and national integration.
- The supporters argue that personal
laws based on religion can sometimes lead to discriminatory practices,
especially against women.
- Another argument is that a common
civil code would reinforce the principles of secularism in
India.
- Legal experts also say that the
implementation of the UCC will make legislation in terms of
succession and divorce easier and will oust a lot of outdated
religious personal laws.
Exception:
- The implementation of the UCC
violates the Fundamental Rights guaranteed by the
Constitution, including Article 25 (freedom to profess and
practice one’s religion) and Article 29 (right to have a
distinct culture).
- Many were against it, claiming that
the religious laws of different communities should not be tampered with,
without their consent.
Law
Commission’s View
- The government in 2016 requested
the Law Commission of India to determine how to form a
code in the presence of “thousands of personal laws” in the country.
- In 2018, the Law
Commission submitted a consultation paper on the reform of family law.
·
The paper stated that a unified
nation did not necessarily need “uniformity”, adding that secularism
could not contradict the plurality prevalent in the country
·
a UCC “is neither necessary
nor desirable at this stage”
·
The report recommended that
discriminatory practices, prejudices and stereotypes within a particular
religion and its personal laws should be studied and amended. The Commission
suggested certain measures in marriage and divorce that should be uniformly
accepted in the personal laws of all religions.
Source: https://indianexpress.com/article/political-pulse/ucc-saga-pm-modi-pitch-secular-civil-code-oppn-9516479/