In move, Gujarat’s Chief Minister Bhupendra Patel announced the formation of a five-member committee to draft the Uniform Civil Code (UCC) for the state. This decision aligns with the government’s ongoing efforts to establish a unified legal framework applicable to all citizens, irrespective of their religion, gender, or sexual orientation. The initiative follows the state government’s approval in 2022 to explore the feasibility of the UCC. The committee, chaired by retired Supreme Court judge Ranjana Desai, is tasked with submitting its report within 45 days.
What is the Uniform Civil Code?
The Uniform Civil Code aims to replace personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. It covers various aspects such as marriage, divorce, inheritance, and adoption. The UCC seeks to promote gender equality and ensure equal rights for all individuals.
Background and Context
The UCC has been a long-standing demand in India, often associated with the need for reform in personal laws. The BJP government has been vocal about its commitment to implementing the UCC across the country. This initiative is seen as a step towards achieving legal uniformity and promoting social justice.
Recent Developments in Gujarat
The formation of the UCC committee marks a proactive step by the Gujarat government. The Chief Minister brought into light the importance of the Constitution in guiding citizens towards their rights and duties. He noted that this move aligns with the broader vision of Prime Minister Narendra Modi to ensure equal rights for all citizens.
Composition of the Committee
The committee consists of five members, including retired Supreme Court judge Ranjana Desai. Other members include retired IAS officer CL Meena, Advocate RC Kodekar, former Vice-Chancellor Dakshesh Thakar, and social worker Gita Shroff. Their combined expertise is expected to facilitate a thorough analysis of the UCC’s implications.
Comparison with Other States
Gujarat’s initiative follows Uttarakhand‘s implementation of the UCC, which came into effect on January 27. Uttarakhand’s UCC includes provisions for mandatory marriage registration, equal property rights for sons and daughters, and recognition of children from live-in relationships. These provisions aim to enhance legal clarity and protect the rights of individuals.
Future Implications
The introduction of the UCC in Gujarat could set a precedent for other states. It may lead to a nationwide discussion on the necessity and feasibility of implementing a common set of personal laws. The committee’s report will play important role in shaping the future legal landscape in Gujarat and potentially across India.
Questions for UPSC:
- Critically analyse the implications of implementing the Uniform Civil Code in India.
- What are the challenges faced in achieving gender equality in personal laws? Explain.
- Comment on the significance of the Constitution in promoting social justice in India.
- What are the major provisions of the Uniform Civil Code implemented in Uttarakhand? How do they compare with existing personal laws?
Answer Hints:
1. Critically analyse the implications of implementing the Uniform Civil Code in India.
- UCC aims to replace personal laws with a unified legal framework, promoting equality.
- It seeks to eliminate discrimination based on religion, gender, or sexual orientation.
- Potential for social harmony but may face opposition from religious communities.
- Implementation could lead to legal uniformity, simplifying legal processes.
- May enhance women’s rights, particularly in marriage and inheritance matters.
2. What are the challenges faced in achieving gender equality in personal laws? Explain.
- Resistance from traditional and religious groups who uphold existing customs.
- Lack of awareness and education regarding women’s rights and legal provisions.
- Inconsistent enforcement of laws across different regions and communities.
- Societal norms and patriarchal structures that perpetuate gender inequality.
- Judicial backlog and slow legal processes hinder timely justice for women.
3. Comment on the significance of the Constitution in promoting social justice in India.
- The Constitution guarantees fundamental rights, promoting equality and justice for all.
- It provides a framework for laws that can address social inequalities and injustices.
- Judicial interpretations of the Constitution have expanded the scope of social justice.
- It empowers marginalized groups by recognizing their rights and interests.
- Acts as a guiding principle for policy-making aimed at social reform.
4. What are the major provisions of the Uniform Civil Code implemented in Uttarakhand? How do they compare with existing personal laws?
- Mandatory marriage registration, ensuring legal recognition of marriages.
- Equal property rights for sons and daughters, promoting gender equality in inheritance.
- Recognition of children from live-in relationships, addressing legal ambiguities.
- Existing personal laws often favor men in inheritance and marriage rights.
- Uttarakhand’s UCC aims for uniformity, contrasting with diverse religious personal laws.
