M.P. Cabinet Approves Draft UCC Bill

Syllabus: GS2/Polity and Governance

Context

• The Madhya Pradesh Cabinet has approved the draft Uniform Civil Code (UCC) Bill.

Major Highlights of the Bill

• Objective: The Bill seeks to prohibit polygamy and simultaneously multiple marriages across all communities.
  • It proposes a prohibition on practices like polygamy and nikah halala, while introducing strict provisions for live-in relationships. 
• Exemptions: The law will not apply to Scheduled Tribes (such as Bhil, Gond, Korku, Baiga, Sahariya, and Bharia) covered under Articles 342 and 366 of the Constitution.
  • Furthermore, communities whose traditional rights are protected under Part XXI of the Constitution have also been specifically exempted.
• Registration: It will be mandatory to register marriages and divorces across all communities through government portals.
• Legitimate Status: The Code has removed the term ‘illegitimate’ from the legal framework. 
  • Children of married or unmarried parents—whether biological, adopted, or born through surrogacy or Assisted Reproductive Technology (ART)—will enjoy equal legal status.
• Live-in Relations: It is mandatory for live-in couples to submit an affidavit to the local registrar within a month of entering in a relationship, failing which could attract legal action.
  • Minimum age for entering a live-in relationship remains 18 but if either partner is below 21 years of age, information regarding the commencement and termination of the  relationship will be sent to their parents or guardians, and that the registrar will also share the record with the local police. 
  • Children born out of live-in relationships will be considered legitimate and entitled to full inheritance rights. 

Uniform Civil Code

• Definition: These are a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of their religion. 
• Article 44: The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

Background of Article 44

• Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy as Article 44. 
• It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.

Arguments in Favor of UCC

• Uniformity in Governance: Having a common set of laws would streamline governance and administrative processes, making it easier for the state to administer justice and ensure the rights of its citizens.
• Women’s Rights: Personal laws in different religions may have discriminatory provisions, particularly against women, and a uniform code will provide a more egalitarian legal framework.
• Secularism: A Uniform Civil Code is seen as a way to reinforce the secular fabric of the country by treating all citizens equally irrespective of their religious affiliations. 
• The Supreme Court in various judgments including Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985, has called for the implementation of the Uniform Civil Code.
• Promote national Spirit: The implementation of a UCC will promote the integration of India by establishing a shared platform for diverse communities.
• Modernization: A UCC would reflect contemporary values and ensure that laws are in line with modern concepts of human rights, equality, and justice.

Arguments Against UCC

• Plurality in existing laws: Experts argue that if there is plurality in already codified civil and criminal laws, how can the concept of ‘one nation, one law’ be applied to diverse personal laws of various communities.
• Issues with implementation: The implementation of the code has been difficult because India is a diverse country with various religious communities following their own personal laws. 
• Against Constitutional provisions: UCC is perceived as an infringement upon the constitutional right to freely exercise one’s chosen religion found in Article 25 and 26 and the Sixth Schedule of the Constitution
• The Law Commission of India stated that a UCC “is neither necessary nor desirable at this stage”.
  • It recommended that discriminatory practices, prejudices and stereotypes within a particular religion and its personal laws should be studied and amended.
• Lack of Consensus: Diverse beliefs and practices make it difficult to create a single code that is acceptable to all, potentially leading to social unrest.
• Gradual Reform: Critics argue that reforming personal laws gradually, with community consensus, would be more effective than imposing a uniform code.

Recommendations of Various Committees 

• B.N. Rau Committee (1947): The committee, formed to draft the Constitution of India, recommended a uniform civil code but deferred its implementation, stating that it should be introduced only after the country has achieved unity and consensus.
• Sachar Committee (1986): It emphasized the importance of a UCC, arguing that it would promote equality and social justice. However, it did not press for an immediate implementation, citing the need for social readiness.
• Law Commission Reports (1986, 2018):
  • 1986 Report: The implementation of a UCC should be approached cautiously and progressively, given the religious diversity in India. It highlighted the need for reforms within personal laws before moving toward a uniform code.
  • 2018 Report: The UCC be implemented only when there is greater social consensus. It suggested reforming existing personal laws to align them with modern values and human rights instead of rushing into a UCC.

Supreme Court’s Important Judgments Relating to Personal Laws

• Shah Bano Case (1985): The Supreme Court ruled that Muslim women have the right to seek alimony from their husbands under Section 125 of the Criminal Procedure Code, irrespective of their personal law. The judgment highlighted the need for gender equality. 
• Sarala Mudgal Case (1995): The Supreme Court urged the government to consider enacting a UCC to remove legal discrepancies and bring uniformity in marriage and divorce laws. 
• Triple Talaq Judgment (2017): The Supreme Court struck down the practice of triple talaq among Muslims, declaring it unconstitutional. This judgment was seen as a step toward reforming personal laws to ensure gender equality, a principle that would be aligned with a potential UCC.
• Indian Young Lawyers Association v. State of Kerala (2018) (Sabarimala Case): While the case did not directly address UCC, it touched upon the issue of gender equality in religious practices. The judgment emphasized that personal laws should not be used to discriminate based on gender, setting a precedent for reforming discriminatory practices within personal laws.

Way Ahead

• The implementation of UCC in India, involves a balanced approach, focusing on gradual reforms, inclusivity, and ensuring gender justice.
• This shall be done while taking into account the religious and cultural diversity of India.

Source: TH