What is Uniform Civil Code?

• Uniform Civil Code is again in the news after a long time. Two recent events have rekindled the clamor for a unified civil code after years.

.What is Uniform Civil Code?

  The Uniform Civil Code is a single code of law applicable to all religious groups in matters such as marriage, divorce, succession and dowry. India has a Uniform Criminal Code which applies equally to all citizens. However, there is no such unification in civil laws yet.

Historical Background of Civil Code.

There was a great deal of discussion about the Civil Code during the constitution making process. There was a demand to make the Civil Code a fundamental right. The decision of the sub-committee headed by Sardar Vallabhbhai Patel that it should be included in the guiding principles received majority support.

Constitutional possibility

Article 44 of the Constitution of India states: 'The Government is bound to frame a uniform civil code for all citizens throughout India.' The Supreme Court made a similar observation while delivering its judgment in the famous Shabano case of 1985. The Supreme Court observed that Section 44 was ineffective and that the Uniform Civil Code should be brought into force.

Constituent Assembly and Uniform Civil Code

Dr. who was the Chairman of the Drafting Committee of the Constitution of India. BR Ambedkar said: ”We have a uniform and complete criminal code which applies equally to all throughout the country. It is part of the Penal Code and the Criminal Procedure Code. We have a law for transfer of property. It also applies across the country.We also have a Negotiable Instruments Act. I could point to innumerable examples which prove that in our country there is virtually only one civil code, which is uniform and equally applicable to all. The only areas where civil law has not yet been able to penetrate are marriage and inheritance”.

Civil Code and States.

Goa is the only state in the country to have a Uniform Civil Code. Uttarakhand has formed a committee for the study and in Gujarat the process is in preliminary stages.

India is a country where citizens have the fundamental right to believe and practice their religion of choice.Either all these personal laws may be repealed and a civil code may be formed. Or the civil code can be formed by keeping the uniform character only in certain subjects and including the personal laws as a separate category.

At the same time, minorities are worried that the political interests of the BJP and the RSS will influence this.