Vice President of India: Need for a UCC
Context:
Recently, the Vice-President of India, Jagdeep Dhankhar, advocated for a Uniform Civil Code (UCC) while expressing his concern over the safety of women in India.
- He reiterated President’s statement- that- it is time to say – “enough is enough”.
Relevance:
GS-02 (Polity)
Uniform Civil Code:
- It is a proposal, a set of rules that implements and formulates personal laws of citizens which apply on all citizens equally regardless of their religion.
- It is mentioned in Article 44 of the Indian Constitution, which is a Directive Principle of State Policy (DPSP).
- Article 44 : This article states that the state should try to provide a single set of laws for all citizens of India, covering personal matters like marriage, adoption, divorce, inheritance, and succession
- Meanwhile, Article 37 of the Indian Constitution states that DPSP “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”, making it clear that it is not a mandatory action for the government.
- Goa was the only state in India with a uniform civil code prior to 2024. However, Uttarakhand Assembly also passed the UCC bill on 7th February 2024 which is expected to be implemented.
History of Uniform Civil Code:
- The Lex Loci Report, 1840: It underscored the importance and the need of uniformity in codification of Indian law, relating to crimes, evidences and contract. However, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
- The Queen’s 1859 Proclamation– It paved way for absolute non-interference in religious matters.
(So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities).
- Post-Colonial era (1947-1985): Leaders like Jawaharlal Nehru and Dr B.R Ambedkar advocated for a uniform civil code. Apparently, it was added in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.
Important cases related to UCC:
- Shah Bano case (1985)
- Daniel Latifi Case
- Sarla Mudgal Case
- John Vallamattom Case
Way Forward:
- Irrespective of the means, the government must prioritize in making policies aimed at empowering women economically, socially, and politically.
- This also includes improving access to education, healthcare, and employment opportunities to enable women to assert their rights and contribute to nation-building.
Related Posts
Ukraine’s Nuclear Disarmament
Posted on
Remote Voting for NRIs
Posted on