Here is everything you need to know about the Uniform Civil Code that will be implemented in Uttarakhand
New Delhi: the
The Himalayan state has a distinct cultural and religious heritage, Dhami said, adding that Uttarakhand also shares borders with two countries, which necessitates the implementation of UCC.
By deciding on a uniform civil code at the state’s first-ever cabinet meeting, Dhami fulfilled a major promise he made before the ballot.
Goa previously followed the Portuguese Civil Code of 1867, also known as the Uniform Civil Code, and survived under Section 5(1) of the Goa, Daman and Diu Administration Act 1962.
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Article 44 and Uniform Civil Code
There is a provision for the Uniform Civil Code in Article 44 of the Constitution and even the
If implemented, the UCC will replace personal laws based on the scriptures and customs of each religion with a common set governing every citizen.
These laws cover marriage, divorce, inheritance, adoption and maintenance.
The code falls under Article 44 of the Guiding Principles in India, which states that it is the duty of the state to put in place a uniform civil code for citizens throughout India.
The Bharatiya Janata Party (BJP) lobbied for the legislation in parliament and even included it in its 1998 and 2019 Lok Sabha election manifesto.
Uniform Civil Code: its origin
The British framed personal laws for Hindu and Muslim citizens. However, they chose not to intervene further due to opposition from community leaders.
In 1956, the Indian Parliament passed the Hindu Code Bill amid significant opposition.
A demand for a uniform civil code was made by Prime Minister Jawaharlal Nehru and his supporters, but due to strong opposition from Rajendra Prasad and
The Supreme Court of India spoke for the first time of a uniform civil code during the hearing of the Shah Bano case.
Shah Bano, a 73-year-old woman, divorced her husband Mohammed Ahmed Khan and was denied child support. She went to the local court and the judgment was in her favour.
However, her husband appealed to the Supreme Court.
In 1985, the Supreme Court ruled that the CrPC (Code of Criminal Procedure) applied to all Indian citizens, regardless of religion, and also urged the Union government to enact a “common civil code”. .
Later, the Congress government led by Rajiv Gandhi reversed the landmark Supreme Court judgment in 1986 by passing the Protection on Divorce Act.
“The uniform civil code cannot remain a mere hope”
Indian courts have regularly raised the issue of a uniform code governing all citizens of the country.
In July 2021, the Delhi High Court declared that it was necessary for the Uniform Civil Code (UCC) to become reality so that young people in modern India belonging to various communities, tribes, castes or religions who celebrate their marriages do not are not forced to struggle with problems resulting from conflicts in various personal laws.
The court said that the hope expressed in Article 44 of the Constitution that the state will guarantee its citizens a uniform Civil Code “must not remain a mere hope”.
In November 2021, the High Court in Allahabad had asked the central government to consider setting up a panel for the implementation of the mandate of Article 44, which states that “the State shall endeavor to ‘to assure citizens of a Uniform Civil Code (UCC) throughout India’.