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the implementation of the UCC will make legislation in terms of succession and divorce easier and will oust a lot of outdated religious personal laws.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

·         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/