Since its formation, the Bharatiya Janata Party (BJP) has had three fundamental commitments. The repeal of article 370, the Ram Mandir in Ayodhya and the Uniform Civil Code (UCC). With the two boxes already checked, all eyes are now on the Modi-Shah duo for a final boost that would complete the saffron party’s promise to its grassroots voters.

What is the Uniform Civil Code (UCC)?

The Uniform Civil Code (UCC) is essentially the formulation of a law relating to personal matters such as marriage, divorce, inheritance and adoption for all citizens of the country, regardless of their religion or faith. It falls under article 44 of the Constitution. However, depending on the different religions, different laws are currently in place for such matters in the country. There is the Hindu Marriage Law, the Hindu Succession Law, the Indian Christian Marriage Law, the Parsi Marriage and Divorce Law. On the other hand, Muslim personal laws are based on their religious texts.

Apparently many other countries including France, United Kingdom (United Kingdom), United States (United States), Australia, Germany, etc. already have similar laws in place that guarantee the principle of one country, one law. Meanwhile, in India, many are asking for the same and it seems it is only a matter of time that a bill is presented to Parliament by the ruling party.

The Delhi High Court supports the Uniform Civil Code:

Supporting the introduction of the Uniform Civil Code (UCC), the Delhi High Court said that young Indians need not be forced to grapple with issues arising from conflicts in various personal laws relating to marriage and to divorce.

Modern Indian society “was gradually becoming homogeneous, traditional barriers of religion, community and caste are slowly dissipating” and so the UCC “should not remain a mere hope,” Judge Prathiba M Singh said in an order dated July 7. young people of India belonging to various communities, tribes, castes or religions who celebrate their marriage should not be forced to grapple with issues resulting from conflicts in various personal laws, especially regarding marriage and divorce The order said.

Referring to several Supreme Court rulings on the need for UCC, including the landmark 1985 Shah Bano case, the High Court said: must not remain a mere hope. In the Shah Bano case, the Supreme Court said that a common civil code would help the cause of national integration by removing disparate loyalties to laws with conflicting ideologies. She also observed that the state was responsible for ensuring UCC for the citizens of the country.

The Delhi HC observed that the need for UCC was reiterated from time to time by the Supreme Court, however, “it is not clear what steps have been taken in this regard to date”.

Why did the Delhi HC make this observation?

The court observation came during a plea hearing asking for the applicability of the Hindu Marriage Act, 1955, to parties belonging to the Meena community due to exclusion under Article 2 (2) of the HMA, 1955.

The couple got married on June 24, 2012. A divorce petition under section 13-1 (ia) of the HMA, 1955 was filed by the man on December 2, 2015. The woman requested dismissal. of the divorce petition, on the grounds that the provisions of the HMA, 1955 do not apply to the parties concerned because they are members of a listed tribe notified in Rajasthan, and therefore the HMA, 1955 would not be applicable in the case of said parts taking into account Article 2 (2) of the HMA, 1955.

The claim was decided by family court and the divorce petition was dismissed on the grounds that the provisions of the HMA, 1955 did not extend to the Meena community, which is a notified List Tribe. The man challenged the order of the first instance court dated November 28, 2020 in the High Court.

The High Court allowed her appeal challenging the order of the lower court and set aside the lower court rulings.

“The appeal is allowed. The contested judgment is not sustainable and is therefore set aside. The court of first instance is invited to rule on the merits of the request under Article 13-1 (a) of the HMA , 1955 and to render a decision within six months, “said the High Court.

The UCC is not possible: President of the Law Commission

In December 2017, the chairman of the Law Commission, Judge Balbir Singh Chauhan, said UCC was not possible and not even an option. “Personal laws can never be suppressed because they enjoy constitutional protection”, Judge Chauhan had told News18.

“The Constitution itself has granted so many exemptions to so many people like tribals etc. There are exemptions even in the Code of Civil Procedure and the Code of Criminal Procedure… UCC is not a solution and there can be no composite law. You cannot say forget the Constitution and remove the sixth calendar. That would cause people to question their membership of the Indian Union, on the understanding that they will be respected, “he said. said Judge Chauhan.

UCC cannot be implemented: Congress

In October 2016, Former law minister and congressman Veerappa Moily said it would be difficult to implement UCC in a country like India where various communities and groups are governed by personal laws. “In a country of this nature, the implementation of a uniform civil code is practically impossible,” he said.

UCC should be implemented in India: Shiv Sena

Sanjay Raut of Shiv Sena said that “how long will Muslims stay away from the national mainstream. The Muslim Law Council should support the UCC because it will help the community, especially women, to get out of poverty ”. Our party’s position is “a code, a law” and it should be seen as a national issue rather than a religious one, he added. If the BJP brings to the tables such a law, Raut had said his party will make a decision on this.