What is UCC Uniform Civil Code in India?
Uniform Civil Code in India: The Uniform Civil Code (UCC) is a proposed legislation in India that aims to establish uniform personal laws applicable to all individuals, irrespective of their gender, sexual orientation, or religious affiliation. Currently, personal laws are governed by religious texts specific to different communities.
UCC Full Form
UCC stands for Uniform Civil Code (India). UCC is a set of laws that governs all the transactions
Uniform Civil Code In India History
- The British government’s 1835 report on colonial India, which emphasized the need for uniformity in the codification of Indian law with regard to crimes, evidence, and contracts and specifically suggested that personal laws of Hindus and Muslims be kept outside of such codification, is where the Uniform Civil Code (UCC) first emerged.
- The government was forced to create the B N Rau Committee in 1941 to codify Hindu law due to an increase in legislation addressing personal concerns at the end of British rule. Examining the issue of whether common Hindu laws are necessary was the Hindu Law Committee’s responsibility.
- According to the committee’s recommendation, which was based on the scriptures, women would have equal rights under a codified version of Hindu law. The 1937 Act was reviewed, and the committee suggested establishing a civil code for Hindu marriage and succession.
Articles Under Uniform Civil Code (UCC)
Here are the articles under the Uniform Civil Code (UCC):
General Provisions (Article 1): This initial article outlines the fundamental principles and guidelines governing the Uniform Civil Code (UCC), setting the stage for its functioning.
Sales and Leases (Article 2 and Article 2a): Article 2 focuses on the sale of goods, excluding services and real estate projects. Additionally, Article 2a specifically addresses leases of personal property, providing a framework for these transactions.
Drafts and Negotiable Instruments (Article 3): This article delves into the regulation of drafts and negotiable instruments like notes. Its origins trace back to the National Instrumental Law, approved by the National Conference of Commissioners on Uniform State Laws.
Bank Deposits and Collections (Article 4): Centered on bank-related activities, Article 4 governs the procedures and rules surrounding interrelated transactions and the processing of checks.
Letters of Credit (Article 5): Article 5 focuses on Letters of Credit, issued by banks or financial institutions to facilitate trade. Updated in 1995, it adapts to modern technologies and evolving business practices.
Bulk Sales (Article 6): This article oversees transactions involving bulk sales. The revised version replaced the original, and its recommendations were widely adopted by states.
Documents of Title (Article 7): Article 7 pertains to documents such as receipts, bills of lading, and bulk sales that serve as evidence of ownership or control.
Investment Securities (Article 8): This article governs the handling of investment securities through intermediaries. It establishes mechanisms for recording and maintaining these securities.
Secured Transactions (Article 9): The final article in the UCC, Article 9, focuses on secured transactions related to personal property. It mandates each state to maintain an office for filing statements on secured interests in personal property.
Why is Uniform Civil Code is Proposed in Rajya Sabha?
The BJP member Kirodi Lal Meena submitted a bill in the upper house that would create a commission to draught a Uniform Civil Code (UCC). The Bill was introduced by Meena with the intention of being implemented nationwide. The bill was introduced in Rajya Sabha because it mentioned creating a national inspection and investigation commission to create a uniform civil code.
Uniform Civil Code: Why Muslims and other conservative groups are against it?
Muslim organisations, and other conservative religious groups and sects continue to debate the Uniform Civil Code, surrounding secularism in Indian politics in defence of sharia and religious practises. Personal laws govern marriage, divorce, inheritance, adoption, and maintenance. They are distinct from public laws.
Uniform Civil Code in India: What are the main arguments?
- The primary argument against a Uniform Civil Code (UCC) is that it infringes on the right of citizens to practise the religion of their choice, which enables religious communities to adhere to their own local laws. For instance, Article 25 guarantees the autonomy of every religious organization. They are entitled to maintain their unique culture under Article 29.
- The fundamental rights subcommittee of the Indian Constituent Assembly purposefully omitted the inclusion of a Uniform Civil Code (UCC) as a fundamental right. Tribal organizations have expressed a similar worry, such as the Rashtriya Adivasi Ekta Parishad, which petitioned the Supreme Court in 2016 to request protection for its members’ traditions and religious beliefs from a future Uniform Civil Code (UCC). Customary rules already in place take precedence over federal laws in Nagaland’s tribal districts when it comes to private matters like marriage, property ownership, etc.
- Uniform Civil Code (UCC) is stated that “one nation, one law” cannot be applied to the unique personal laws of different communities if codified civil laws and criminal laws like the CrPC and IPC do not adhere to this principle. For instance, the governments of West Bengal and Tamil Nadu altered the federal Indian Evidence Act of 1872. Be aware that several states have various legal drinking ages when it comes to criminal law.
- After all, personal laws were included in the Concurrent List as entry number 5, providing both the Parliament and State Assemblies the authority to enact personal laws. If the Constitution’s creators had wanted personal laws to be uniform, they would have included them on the union list and given Parliament full legislative authority over them.
- Finally, it is claimed that a Uniform Civil Code (UCC) will impose a Hinduized code on all communities. A UCC might, for instance, have clauses that, while conforming to Hindu tradition in matters like marriage, will legally obligate members of other communities to do the same.
What is the purpose of Uniform Civil Code (UCC) in India for UPSC Exam?
- The Uniform Civil Code (UCC) in India aims to safeguard vulnerable communities, including women and religious minorities, as envisioned by Ambedkar, while simultaneously fostering nationalistic fervor via unity.
- When put into effect, the code will aim to make laws that are currently divided based on religious views, such as the Hindu code bill, Sharia law, and others, simpler. The code will make the complicated regulations governing marriage ceremonies, succession, inheritance, and adoptions simpler and more universal. All citizens will then be subject to the same civil law, regardless of their religious affiliation.
Uniform Civil Code in India: What does the Indian Constitution say?
Meanwhile, Articles 25-28 of the Indian Constitution, meanwhile, guarantee religious freedom to Indian citizens and permit religious organizations to conduct their own affairs. Article 44 of the Constitution requires the Indian state to apply directive principles and common law for all Indian citizens while establishing a nation’s policies.
Due to the fact that Uniform Civil Code in India does not make distinctions based on gender or sexual orientation, this draught also inspires hope for the LGBTQIA+ population in India. No applicable law in India up to this point has acknowledged same-sex marriages as legal.
Uniform Civil Code in India: When were the personal laws drafted?
For primarily Hindu and Muslim populations, personal laws were originally drafted during the British Raj. British officials decided against interfering more in this domestic matter out of concern for the community leaders’ resistance.
Goa, a state in India, was expelled from the country Due to colonial rule in the formerly Portuguese Goa and Daman, the Indian state of Goa was cut off from the rest of India but kept its common family law, known as the Goa civil code, making it the only state in India to this day with a unified civil code.
Hindu code bills were introduced after India gained its independence and largely codified and reformatted personal laws in different sects of Indian religions like Buddhists, Hindus, Jains, and Sikhs while exempting Christians, Jews, Muslims, and Parsis because they were recognized as separate communities from Hindus.
Uniform Civil Code and Shah Bano Case
Following the Shah Bano case in 1985, Uniform Civil Code (UCC) became an important subject of discussion in Indian politics. The issue of applying some laws to all citizens without hurting their fundamental right to freedom of religion gave rise to the discussion.
The discussion then turned to Muslim Personal Law, which allows for unilateral divorce and polygamy and is considered one of the legal ways that Sharia law is applied. Uniform Civil Code (UCC) was again suggested, in November 2019 and March 2020, however each time it was quickly removed without being introduced in parliament.
Uniform Civil Code: What is the Hindu Code Bill?
After the Indian Constitution was adopted in 1951, a select committee headed by B. R. Ambedkar was convened, and they were given the Rau Committee report’s draft to review. The Hindu Code Bill was discussed for a while before it expired and was resubmitted in 1952.
The Hindu Succession Act was subsequently passed in 1956 to reform and codify the legislation governing intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs. The Act updated Hindu personal law and increased property rights and ownership opportunities for women. Their father’s inheritance, it granted women property rights.
The Act of 1956’s general rules of succession state that, in the case of an intestate male death, Class I heirs succeed before Class II heirs. The Act was amended in 2005 to add more descendants, elevating women to Class I heirs. The daughter receives the exact same portion as a son.
Uniform Civil Code: What is the difference between civil laws and criminal laws?
Civil laws are impacted by faith, although criminal laws in India are uniform and apply to all people equally, regardless of their religious views. The personal laws which govern in civil disputes have always been applied in accordance with constitutional standards, despite being swayed by religious scriptures.
Uniform Civil Code: What are personal laws?
Uniform Civil Code: Laws that are relevant to a particular group of people based on their caste, religion, faith, and beliefs, are made after careful examination of traditional practices and religious scriptures. Hindu and Muslim personal law derives from and is governed by the sacred books of their respective religions.
Hinduism recognizes the application of personal laws to cases involving legal matters such as inheritance, succession, marriage, adoption, co-parenting, sons’ duty to settle their father’s debts, the division of family property, maintenance, guardianship, and charity contributions.
Islam has personal rules that are based on the Quran that govern issues including pre-emption, guardianship, guardianship, marriage, wakfs, dowry, inheritance, wills, succession, legacies, and marriage.
Uniform Civil Code Kya Hai in Hindi
भारत में समान नागरिक संहिता: समान नागरिक संहिता (यूसीसी) भारत में एक प्रस्तावित कानून है जिसका उद्देश्य सभी व्यक्तियों पर लागू समान व्यक्तिगत कानून स्थापित करना है, चाहे उनका लिंग, यौन रुझान या धार्मिक संबद्धता कुछ भी हो। वर्तमान में, व्यक्तिगत कानून विभिन्न समुदायों के लिए विशिष्ट धार्मिक ग्रंथों द्वारा शासित होते हैं।
भारत के इतिहास में समान नागरिक संहिता
औपनिवेशिक भारत पर ब्रिटिश सरकार की 1835 की रिपोर्ट, जिसमें अपराधों, सबूतों और अनुबंधों के संबंध में भारतीय कानून के संहिताकरण में एकरूपता की आवश्यकता पर जोर दिया गया था और विशेष रूप से सुझाव दिया गया था कि हिंदुओं और मुसलमानों के व्यक्तिगत कानूनों को इस तरह के संहिताकरण से बाहर रखा जाना चाहिए। समान नागरिक संहिता (यूसीसी) सबसे पहले सामने आई।
ब्रिटिश शासन के अंत में व्यक्तिगत चिंताओं को संबोधित करने वाले कानून में वृद्धि के कारण सरकार को 1941 में हिंदू कानून को संहिताबद्ध करने के लिए बी एन राऊ समिति बनाने के लिए मजबूर होना पड़ा। इस मुद्दे की जांच करना कि क्या सामान्य हिंदू कानून आवश्यक हैं, हिंदू कानून समिति की जिम्मेदारी थी।
समिति की सिफारिश के अनुसार, जो धर्मग्रंथों पर आधारित थी, हिंदू कानून के संहिताबद्ध संस्करण के तहत महिलाओं को समान अधिकार होंगे। 1937 अधिनियम की समीक्षा की गई, और समिति ने हिंदू विवाह और उत्तराधिकार के लिए एक नागरिक संहिता स्थापित करने का सुझाव दिया।