Uniform Civil Code Bill introduced in Rajya Sabha amid opposition and chaos

Source: The post is based on the article “Uniform Civil Code Bill introduced in Rajya Sabha amid opposition and chaos” published in Livemint on 10th December 2022

What is the News?

A private member’s Bill to implement the Uniform Civil Code in India was introduced in Rajya Sabha.

What is Uniform Civil Code?

Uniform Civil Code is envisaged to provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.

Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Article 44 is one of the Directive Principles of State Policy (DPSP).

What does the private member Bill on UCC seek to achieve?

The Bill seeks to provide for the constitution of the “National Inspection and Investigation Committee” for the preparation of the Uniform Civil Code and its implementation throughout the territory of India.

Why have several MPs opposed the introduction of the Bill?

Firstly, the Indian Constitution “gave protection to all sections of people”. Hence, before bringing such legislation, there should be wide consultation with different communities, and people from different religions, or else it shall create differences between people.

Secondly, the 21st Law Commission had concluded that a Uniform Civil Code was neither necessary nor desirable,” and that the legislation if subsequently enacted shall be against the very “spirit of the Constitution.” 

Thirdly, the bill is against Articles 26(b) and 29(1) of the Constitution and it was in order to protect the rights of minorities that the Constituent Assembly decided to not have a Uniform Civil Code for the country.