Syllabus: GS – II & V: Governance 

Why in the News?

The Assam Cabinet approved the introduction of a Uniform Civil Code (UCC) Bill in the State Assembly, making Assam one of the few Indian States moving towards a common civil law framework.

• The decision of the Assam Cabinet to introduce a UCC has generated nationwide discussion because it touches upon sensitive issues such as marriage, inheritance, tribal customs, women’s rights, and religious freedom. 
• The Chief Minister stated that the Assam model has been “customised” to protect indigenous and tribal communities while promoting legal uniformity in certain civil matters.

About Uniform Civil Code

The Uniform Civil Code (UCC) means the formulation of one codified law for the whole country, which would be applicable to all the citizens of that country in all the civilian matters such as marriage, divorce, inheritance, adoption etc.

Background

• Since the constitutional assembly debates, there were reservations about codification of Personal laws and it was opposed by many Muslim as well as Hindu leaders. 
• This uncertainty led to the inclusion of UCC in the DPSP as Article 44 rather than FRs.

Article 44 in Part IV (contains the DPSP) of the Constitution states that the state ‘shall endeavor to secure for the citizens a uniform civil code throughout the territory of India’.  Directive Principles of State Policy (DPSP) are not enforceable or justiciable in a court of law, are fundamental to the country’s governance.

Personal civil laws in India: Subjects come under the Concurrent list. The Parsis, Hindu, Muslim, Jews & Christians have their own marriage and divorce act and their own separate law of inheritance.  Hindu personal laws (that apply also to the Sikhs, Jains and Buddhists) were codified and passed by the Parliament in 1950’s under four parts. Special Marriage Act: It was enacted in 1954 which provided for civil marriages outside of any religious personal law. The Shariat law of 1937 governs the personal matters of all Indian Muslims in India.

Key Features of Assam’s Proposed UCC

According to the Assam Cabinet:

• All tribal communities of Assam, both in hill and plain areas, will remain outside the purview of the proposed law.
• Religious rituals, customs, and traditional practices will also remain protected.
• The proposed law will focus on:
  • Minimum legal age of marriage.
  • Compulsory registration of marriages and divorces.
  • Abolition of polygamy.
  • Equal inheritance rights for women.
  • Regulation of live-in relationships.

The government stated that Assam’s model differs from the UCC frameworks adopted in Uttarakhand and Goa because of special safeguards for indigenous groups.

Other Major Cabinet Decisions The Cabinet also approved: Formation of a task force to create 2 lakh jobs in five years. Austerity measures due to global economic uncertainty, including: Restriction on purchase of new government vehicles. Reduction in fuel expenditure. Limited foreign travel by officials. Promotion of electric vehicles for official work.

Argument Against Uniform Civil Code (UCC) 

• The 21st Law Commission report (2018) stated that the Uniform Civil Code is “neither necessary nor desirable” at this stage in the country. It argued that the focus of initiatives to reform personal laws should be to eliminate discrimination rather than an attempt to bring uniformity in the laws.
• Violation of fundamental rights: Article 25 is seen to be conflicted by the idea of UCC.
• Vast Diversity: The Law Commission said that secularism cannot contradict the plurality prevalent in the country.
• Majoritarianism & social unrest: It can be perceived as an imposition of Majoritarian culture, and can lead to social unrest. 
• Changes in laws in favor of women have not brought substantial change eg. Hindu inheritance Act could not make it easier for daughters to acquire their share.

Argument In Favour of  Uniform Civil Code (UCC) 

• Cases like Triple Talaq, Adultery (section 497), Shah Bano Begum and so on have been pointing towards the need of UCC in India.
• Being a DPSP, UCC is fundamental to the governance of the nation, moreover countries laws should not be different for every religion, class, caste, gender, sex, or race..
• There is no necessary connection between religion and personal law in a civilized society. Thus, UCC is not against secularism. 
• UCC would help curb practices that are against women & transgenders.
• In  personal laws women are usually discriminated against during succession or inheritance, UCC thus, has the potential to bring gender parity.
• It will also reduce burden on the Indian legal system by reducing conflicts in various personal laws, especially in relation to marriage and divorce.
• UCC has the potential to foster national integration by establishing a shared identity and a sense of unity among all Indians.
• It would address the communal and sectarian conflicts such as honor killings that arise due to the existence of distinct personal laws.
• It would harmonize civil and criminal laws, eliminating any anomalies and loopholes that arise due to the diverse personal laws.
• UCC would eliminate practices that infringe upon human rights and values enshrined in the Constitution of India, such as triple talaq, polygamy, child marriage, and others.

Steps Taken for Implementing UCC  

• Goa is the first state in India to have a Uniform Civil Code (UCC) in place. 
  • The UCC in Goa follows the Portuguese Civil Code of 1867.
  • People belonging to all religions in Goa are subject to the same laws on matters like marriage, divorce and succession. 
• Uttarakhand has become the first State in independent India to have a Uniform Civil Code (UCC) Act after the President approved the State’s UCC Bill, 2024. 
  • The act, which has kept tribals out of its ambit, will have a common law to govern matters related to marriage, divorce, inheritance, etc.
• The Assam government recently scrapped the Assam Muslim Marriage & Divorce Registration Act 1935. 
  • Now all matters pertaining to Muslim marriages and divorces would be taken care of under the Special Marriages Act.
  • The objective of repealing the “obsolete” law was to prepare the ground for implementing the proposed UCC in the state.

Exam Hook: Key Takeaways

• Article 44 deals with Uniform Civil Code.
• Assam proposes a customised UCC with tribal exemptions.
• Tribal communities in Sixth Schedule areas remain protected.
• UCC debates involve equality, gender justice, and cultural diversity.

Mains Question

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC 2015) (150 words/10 marks)

One-Line Wrap

Assam’s proposed Uniform Civil Code highlights India’s continuing effort to balance gender justice, constitutional principles, and protection of indigenous cultural identities within a diverse democratic framework.

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