Syllabus: GS-II
Subject: Polity
Topic: Legal Issues
Issue: Uniform Civil Code
Context: Uttarakhand legislative assembly adopted Uniform Civil Code.
Uniform Civil Code:
- Involves providing a uniform code for civil matters like marriage, succession and divorce etc.
- Constitutional Provision: Article 44 states that “The State shall endeavor to secure the citizen a Uniform Civil Code throughout the territory of India”.
- A UCC is a desirable and progressive goal for a secular country.
- However, mere uniformity without making reasonable allowances for diverse cultural and social practices among different social groups may not be ideal.
Evolution of UCC Debate in India:
- According to B.R. Ambedkar, the UCC, if enacted, should be voluntary in the initial stages.
- The previous Law Commission:
- A UCC is neither desirable nor necessary,
- Each body of personal law should be reformed to eliminate discrimination or regressive practices.
- The present Law Commission has revived the idea and has started gathering views from the public.
Uttarakhand UCC:
Positive features:
- conferring legitimacy on children born of live-in relations and
- mandating maintenance in the event of desertion.
Features violative of the Constitution:
- Formalizing live-in relationships through registration.
- It is intruding into individual’s privacy and make them vulnerable to social hostility.
+1 Advantage:
| Statement:
“In striving for uniformity, justice should not be lost. Uniformity is a consequence of Equality”. |
