Uniform Civil Code (UCC) and India
The Uniform Civil Code (UCC) has become a bone of contention in India, the largest democratic country of the world. The concept of UCC has been debated from the time of the framing of Indian constitution. Dr B R Ambedkar, known as the father of the Indian constitution was in favour of implementation of the Uniform Civil Code, though he was of the view that the country was not matured enough at that time. At the same time, many prominent leaders of the committee for drafting the constitution and also leaders, especially those from the Muslim community were against the implementation of the UCC. Though the concept comes to forefront occasionally, the country is yet to make much progress in the implementation of the civil code.
What is meant by Uniform Civil Code (UCC)?
India is a vast country that finds unity in diversity. People belonging to different religious faiths like Hinduism, Christianity, Sikhism, Islam, Jainism etc co-exist peacefully. At present, many matters like property, marriage, divorce and succession are governed by the personal laws relating to the respective religion.
The Uniform Civil Code (UCC) focuses on enforcing a uniform legal framework on personal matters for all citizens of the country irrespective of their faith. Thus, under the UCC, a set of common personal laws, formulated as per the constitution will be applicable for all the citizens of the country irrespective of the faith or cast or creed of the citizen.
What does Indian constitution say about Uniform Civil Code (UCC)?
The UCC is mentioned in Part IV of the Constitution of India. Part IV defines the Directive Principles of State Policy (DPSP). According to Article 44 of DPSP, which indicates the Uniform Civil Code, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Though DPSP are fundamental to the governance of the country, they are not enforceable or justiciable in a court of law.
Has any state in India adopted the Uniform Civil Code (UCC)?
As of now, many states in India like Gujarat, Madhya Pradesh and Assam have expressed their eagerness to adopt the UCC, but none has officially made it mandatory. The state of Goa is an exception, and has adopted a version of the UCC. Goa follows the Portuguese Civil Code of 1867. The civil code was enforced in Goa in 1870 under the Portuguese rule. The Goa, Daman and Diu were annexed to Indian Union on 19 December, 1961. The Goa Daman and Diu Administration Act of 1962, enacted after their joining the Indian union, gave them permission to apply the said Civil Code. Therefore, the people of all religions in Goa are subjected to the same laws on personal matters like marriage, divorce, and succession, though the laws are not formulated under Indian constitution.
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