UNIFORM CIVIL CODE (Syllabus GS Paper 2 – Polity)
Context: In a landmark ruling under Uttarakhand's Uniform Civil Code (UCC), the Nainital High Court granted protection to an interfaith live-in couple, allowing them 48 hours to apply for registration under the Act.
Uniform Civil Code (UCC)
- Meaning: The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.
o Besides Uttarakhand, only Goa had UCC which was implement by Portuguese in 1867.
- Article 44: Of the Constitution, under Directive Principles of State Policy (DPSP), lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
- Origin of UCC: The UCC's roots trace to colonial India, as the British government's 1835 report highlighted the importance of consistent laws for crimes, evidence, and contracts, excluding the personal laws of Hindus and Muslims.
- History of Uniform Civil Code
o During their rule in Goa and Daman & Diu, the Portuguese separately codified the local customs of each of these territories.
o After liberating the territories in 1961 and integrating them into a Union Territory, the Indian government declared that the Portuguese laws, including the Portuguese Civil Code of 1867, would continue until amended or repealed by a competent authority.
- Benefits of UCC
o It provides equal status (Article 14) to all citizens irrespective of the community they belong to.
o A UCC could lead to consistency and gender equality when it comes to personal laws, and usher in some much-needed reforms.
o It could help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.
