What is Uniform Civil Code that is going to be implemented in Uttarakhand

Uttarakhand will become the first state in the country to implement the Uniform Civil Code (UCC). Newly elected Chief Minister of the hill state, Pushkar Singh Dhami made the announcement on Thursday. The Uniform Civil Code (UCC) calls for the formulation and implementation of one uniform law for the entire country. 

This uniform law would be applicable to all religious communities in matters such as marriage, divorce, inheritance of property, adoption and such others. Uniform Civil Code is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 of the Indian Constitution reads, "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India." 

Article 44 lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. First petition on Uniform Civil Code in India was filed in 2019 to seek for framing of a UCC to promote national integration and gender justice, equality, and dignity of women.

Read | Uttarakhand to become first state to implement Uniform Civil Code: CM Pushkar Singh Dhami keeps poll promise

What is Article 44 of the Constitution?

Article 44 of the Indian Constitution corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a Uniform Civil Code (UCC) throughout the territory of India. The objective of this Article is to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country. 

While formulating the Constitution, Uniform Civil Code was made voluntary for the time being. And keeping this in mind, Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44. 

BR Ambedkar, the father of the Indian Constitution, in his speech in the Constituent Assembly had said, "No one need be apprehensive that if the State has the power, the State will immediately proceed to execute that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so."

Origin of Uniform Civil Code

The British government, in 1835, submitted its report on Uniform Civil Code, stressing the need for uniformity in the codification of Indian law. It then recommended that personal laws of Hindus and Muslims be kept outside such codification.

B N Rau Committee to codify Hindu law was formed in 1941. The task of the Hindu Law Committee was to examine the question of the necessity of common Hindu laws. The committee, in accordance with scriptures, recommended a codified Hindu law, which would give equal rights to women. The 1937 Act was reviewed and the committee recommended a civil code of marriage and succession for Hindus.

What is the Hindu Code Bill?

Dr B R Ambedkar drafted the Hindu Code Bill. The purpose of the bill was to reform Hindu laws, which legalised divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.

The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005.

Shah Bano case

Shah Bano, a 73-year-old woman was divorced by her husband through triple talaq and was also denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. This led to her husband appealing against it in the Supreme Court.

The Supreme Court ruled in her favour in 1985 under the 'maintenance of wives, children and parents' provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, it recommended that a Uniform Civil Code be set up.