Uniform Civil Code In Uttarakhand?

 

 ~Preet.


Dhami had said that he will provide a transparent government and fulfill the BJP's all pre-poll commitments, including bringing a Uniform Civil Code. (Image: PTI)

Just a few moths ago, the Allahabad High Court knocked the doors of Central Government to take initiatives towards the implementation of Uniform Civil Code, which is a very pressing issue and has been a motion of discourse since long. In an expected but yet surprising move the Uttarakhand Government, currently led by Pushkar Singh Dhami, appointed a standing committee led by Retired Supreme Court Judge  Justice Ranjan Desai to plan the implementation of The Uniform Civil Code and other relevant laws to govern the personal affairs in Uttarakhand.

Implementation of UCC in the country is a Directive Principle of State Policy enshrined in the Article 44 of the Constitution Of India. India has different personal laws for different religions but The Uniform Civil Code would provide the nation with uniform regulations for personal matters. The idea behind the Uniform Civil Code is to eliminate the ambiguities that occur due to the differences between the various personal laws. The incumbent has been pretty zealous towards the implementation of Article 44 since the dawn of its first term and hence it seems as if the long drawn debate upon the UCC will finally conclude towards its affirmation. 

Currently Goa is the only state to have implemented the Uniform Civil Code. There are various laws based upon the principle of UCC such as Indian Contract Act, Civil Procedure Code, Transfer Of Property Act, Evidence Act, Partnership Act etc. However the various States do not agree on a uniform code for governing the motor vehicles, so there are varying rules in states to govern the matter.

The necessity to have uniform laws for governing the personal matters in India was first recognised in the year 1835, when a report was submitted to the British Government. The report stressed the on the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts. The fallacy in this report was that it suggested to keep Muslims out of this codification hence making it unfeasible and tarnishing its very purpose. 

In 1941 B.N. Rao Committee was setup to codify Hindu Laws in 1941 after the legislations dealing with the personal issues increased. On the same lines the Hindu Succession Act was passed in 1956 to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. However, there were separate personal laws for muslim, christian and Parsis.

The Supreme Court has pressed the need for Uniform Civil Code at various instances. Shah Bano Case (1985) being the first and most famous. Another case was Sarla Mugdal Case (1985), where the ambiguities regarding compulsion of monogamy in Hindu Laws and allowance of polygamy in Muslim laws was highlighted. The recent case where the concept of UCC was very much relevant was the Shayara Bano Case (2017), where the Supreme Court Of India held the 'Triple Talaq' (i.e. talaq-e-biddat) to be unconstitutional.

One of the main arguments against the Uniform Civil Code has been that it is against the idea of Indian Secularism, which is positive in nature that means, it allows the open expression of religion. But given the times, Uniform Civil Code seems to be a necessity.

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