UCC
Gujarat second state after Uttarakhand to pass UCC bill.
Art 44
21st Law Commission 2018 underlined that UCC is neither necessary nor desirable at this stage, the Law Commission of India 2022 sought public & religious input on UCC.
Favor of UCC
- secularism, uniformity over civil matters
- gender equality by addressing discriminatory practices against women in religions
- ensuring equal status in line with fundamental rights
- national integration
- international obligation under Intl. Covenant on Civil & Political Rights 1966 & Intl. Convention on Elimination of All Forms Of Discrimination Against Women (CEDAW) 1979
- accommodating youth aspirations
Judicial Pronouncements
- Shah Bano Case 1985: SC directed Parl to make laws related to UCC
- Sarla Mudgal Case 1995: SC Stressed necessity of UCC for gender equality among religions
- Jose Paulo Coutinho case 2019: SC cited Goa’s Civil Code as a practical model of UCC & asserted that a uniform law doesn’t violate right to freedom of religion
Against UCC
- threatens religious autonomy
- against cooperative federalism
- impact on marginalized sections eg. Naga minority expresses dissatisfaction
- social unrest from diverse religious factions
- implementation issues, esp. in remote / culturally conservative areas
Way Forward
- public awareness
- slow but steady rationalization of laws
- sectorial reforms