UCC in Uttarakhand from January 2025

• 21 Dec 2024

Why in News? 

Recently, The Chief Minister announced at a meeting in Dehradun that the Uniform Civil Code (UCC) will be implemented across Uttarakhand from January 2025. 

 Key Points 

• Uniform Civil Code: 
  • About: 
    • The UCC is outlined in Article 44 of the Constitution as part of the Directive Principles of State Policy, which states that the government should strive to establish a uniform civil code for all citizens across India.  
    • However, its implementation is left to the discretion of the government.  
  • Historical Context:  
    • While the British established uniform criminal laws in India, they avoided standardising family laws due to their sensitive nature. 
    • During the debates the Constituent Assembly discussed the UCC and Muslim members raised concerns about its impact on community personal laws, proposing safeguards for religious practices.  
    • On other hand supporters like K.M. Munshi, Alladi Krishnaswami, and B.R. Ambedkar argued for the UCC to promote equality. 
• Milestone Achievement: 
  • Uttarakhand will become the first state in India to implement the UCC after Independence. 
  • Goa was the only state in India where a UCC was in place, following the </span >Portuguese Civil Code of 1867. 

 Supreme Court of India’s Stance on UCC: 

• Mohd. Ahmed Khan vs Shah Bano Begum Case, 1985: The Court noted with regret that “Article 44 has remained a dead letter” and advocated for its implementation. 
• Sarla Mudgal v. Union of India, 1995 and John Vallamattom v. Union of India, 2003: The Court reiterated the need for implementing the UCC. 
• Shayara Bano v. Union of India, 2017: The Supreme Court ruled that the practice of triple talaq was unconstitutional and violated the dignity and equality of Muslim women. 
  • It also suggested that Parliament should pass legislation to regulate Muslim marriages and divorces. 
• Jose Paulo Coutinho v. Maria Luiza Valentina Pereira Case, 2019: The Court praised Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and called for its implementation across India.