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.
- About:
- 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.