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Current Affairs

Uniform Civil Code

Date: 30 March 2021 Tags: Constitution

Issue

Chief Justice of India, SA Bobde has praised Goa Civil Code and desired for implementation of Uniform Civil Code across India.

 

Background

The idea of Uniform Civil Code is present in our constitution under Article 44. It is however non judicial when it comes to implementation.

 

Details

  • Uniform Civil Code is a set of common laws controlling personal matters such as marriage, adoption, inheritance, divorce and succession for all citizens of the country, irrespective of religion.

  • The code will simplify the laws that are currently seperated on the basis of religious beliefs like the Hindu code bill, Shariat law, and others.

 

Benefits

  • UCC will help in national integration by avoiding conflicting ideology.

  • It will remove the discrimination against vulnerable groups and will create harmony among diverse cultural groups across the country. 

  • The code will convert complex laws into simple forms around marriage ceremonies, inheritance, succession, adoptions making them one for all.

 

Drawbacks

  • There will be serious issues on Freedom of Religion given under Fundamental Rights.

  • It would remove the diversity that is a major feature of India.

Uniform Civil Code

Date: 15 September 2019 Tags: Bills & Laws

 

Issue

The Supreme Court has said that the government has till date taken no action to secure for its citizens a Uniform Civil Code.

 

Background

The judgment came in a case concerning the question whether succession and inheritance of a Goan domicile is governed by the Portuguese Civil Code, 1867 or the Indian Succession Act of 1925.

 

Details

  • The UCC was added in Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy.

  • It was envisioned that a uniform set of rules would replace the distinct personal laws of marriage, divorce, etc. based on customs of each religion.

 

UCC- Advantages and Disadvantages

Advantages

  • Provides citizens with equal status.

  • Provides gender equality.

  • Upholds nationalistic attitude in population.

  • Reduces dominance of religious laws.

 

Disadvantages

  • Diversity of nation gets impacted.

  • Encroachment on religious freedom.

  • Interference of state in personal issues.

 

Extra information

  • The Sarla Mudgal case is considered as a landmark verdict which highlighted the need for a UCC.

  • Sarla Mudgal case deals with issue of bigamy, conflict between the personal laws existing on matters of marriage.