Uttarakhand’s Uniform Civil Code Current Status

General Studies Paper -2

Context: The article discusses the Uniform Civil Code (UCC) in India, focusing on Uttarakhand‘s plan to adopt it. It‘s debated for potentially impacting religious freedom and minorities.

What is The Uniform Civil Code (UCC)?

The UCC is a proposition to replace the personal laws, which are based on the scriptures and customs of different religious communities in India, with a common set of laws governing every citizen.

What is Happening in Uttarakhand Regarding the UCC?

• Uttarakhand’s government is likely to pass the Uniform Civil Code (UCC) Bill in its ongoing session.
• A state-appointed panel, led by Justice Ranjana Prakash Desai, drafted the UCC, submitting the final report on February 2. The State Cabinet has approved this report.
• Specific changes include equal property share for Muslim women, revoking practices like polygamy and iddat, and maintaining current marriage age requirements.

What are The Issues of Adopting The UCC in Uttarakhand?

• Concerns from Tribal Communities:Tribal groups, making up 2.9% of Uttarakhand’s population, have not agreed to the UCC. The Van Gujjar tribe, particularly, is worried about the impact on their customs.
• Impact on Religious Freedom: Critics fear the UCC could infringe upon religious freedoms and minority rights.
• Threat to Cultural Diversity:There are concerns that UCC might dilute India’s rich religious and cultural diversity.
• National Debate and Precedence:The state’s approach may set a precedent for other Indian states.

What are The Different Views on Implementing The UCC Nationwide?

Judicial View on UCC:

• The Supreme Court, in the Shah Bano Begum case (1985), highlighted the unfulfilled mandate of Article 44 regarding UCC.
• In Sarla Mudgal versus Union of India (1995), the Court again mentioned the UCC, stressing the complexity due to multiple personal laws.
• The John Vallamattom case in 2003saw the Court reiterating its stance on the need for a UCC.
• Despite these observations, the Supreme Court has refrained from issuing directives to the government, noting law-making is Parliament’s domain, as seen in the 2021-2022 petition dismissals.
• On Uttarakhand’s UCC Committee: The Court referred to Article 162,highlighting the state’s executive power to deal with matters within its legislative competence. It stated that forming a committee under Entry 5 of the Concurrent List, which covers personal law matters like marriage, divorce, and adoption, is within the state’s authority and not unconstitutional.

Law Commission’s View:

• 21st Law Commission (2018):Concluded that implementing a Uniform Civil Code (UCC) across India was neither necessary nor desirable at that time. Emphasized the importance of respecting India’s cultural diversity and suggested reforming discriminatory practices within existing personal laws instead of a uniform code.
• 22nd Law Commission (2021):Showed a different approach by starting to gather public and stakeholder opinions on UCC. This shift indicates a renewed interest in exploring the feasibility and implications of implementing a UCC nationwide.