The concept of a Uniform Civil Code aims to provide a common set of laws for all citizens of India, irrespective of their religious beliefs with regards to personal matters such as marriage, divorce, inheritance of property, adoption, partition of property, maintenance, custody of children etc. It seeks to promote equality, justice, and unity among all individuals, fostering a harmonious and inclusive society.
In India we have common criminal law for all citizens of India irrespective of their religious beliefs but different civil laws on matters relating to marriage, divorce, inheritance of property, adoption, partition of property, maintenance, custody of children etc. However, we have similar civil laws on issues like Partnership, Contract, sale and purchase of property, sale of goods act etc.
We currently have separate personal laws for Hindus, Muslims, Christians, and Parsis. Hindus include Hindus, Jains, Sikhs, and Buddhists. All have different sets of rules governing personal matters such as marriage, divorce, inheritance of property, adoption, partition of property, maintenance, custody of children etc. The situation is same in Pakistan too but in countries like US, Israel, Japan, European Union etc. all citizens have same civil laws irrespective of their religious beliefs.
Article 44 of the Indian Constitution direct the implementation of the UCC by government at the earliest to promote social unity, equality and justice for all citizens irrespective of their religion.
It is matter of great disappointment that the Indian Government has failed to implement the UCC even after 75 years of independence. The Congress Party and most of the other opposition parties never favoured UCC. Even now they are clearly opposing the very idea of UCC.
BJP and its predecessor Jan Sangha always demanded implementation of UCC at the earliest and always promised that they will implement UCC after coming in power. This is really very unfortunate that even after 9 yrs in power at centre with clear majority, BJP till date not implemented UCC.
It is worth mentioning that Goa is the only state in India that has successfully implemented the UCC, showcasing the feasibility and benefits of a uniform legal system.
Currently, states such as Uttarakhand and Madhya Pradesh, Assam, Gujrat etc have initiated the process to bring the UCC into effect within their respective jurisdictions. If implemented nationwide, the UCC would have a significant impact on the common public of our country. It would ensure equal rights and opportunities for all citizens, regardless of their religious background, fostering a sense of unity and harmony among diverse communities. It would simplify legal procedures and promote social integration, while also streamlining governance and reducing administrative complexities.
Law Commission of India invited all citizens to share their thoughts, suggestion and concern regarding the Uniform Civil Code. The opinions of citizens are immensely valuable in helping Government to implement UCC.
The civil subjects like marriage, divorce, maintenance, adoption etc. comes under concurrent list under division of powers (Schedule VII). Both Union and State governments can make laws on the subjects but in case of clash between the law of union and law of the state, the law of union shall prevail.
It would not be an easy task for the Union as well as State governments to implement the provisions of UCC but now it seems that UCC will be a reality in near future.
