Madhya Pradesh Cabinet Approves Uniform Civil Code Draft Bill

Madhya Pradesh Cabinet Approves Uniform Civil Code Draft Bill

Why in the News ?

The Madhya Pradesh Cabinet has approved the draft Uniform Civil Code (UCC) Bill, proposing a common civil law for all residents. The Bill seeks to regulate live-in relationships, prohibit practices such as polygamy and triple talaq, and introduce uniform rules governing marriage, divorce, maintenance, inheritance, and succession.

Key Provisions of the Madhya Pradesh UCC Draft Bill

  • The draft Uniform Civil Code (UCC) proposes a common civil law applicable to all residents of Madhya Pradesh, except Scheduled Tribes (STs) covered under Articles 342 and 366(25) of the Constitution.
  • It establishes monogamy as the legal norm by prohibiting polygamy and declares practices such as triple talaq, nikah halala, and informal divorces through community bodies or panchayats as legally invalid.
  • Live-in couples must register their relationship with the designated Registrar within one month of commencing cohabitation.
  • Failure to register, providing false information, or ignoring official notices may attract prescribed fines and imprisonment, as provided in the draft legislation.
  • The Bill also provides that a woman in a registered live-in relationship can seek maintenance, and children born from such relationships will enjoy equal legal and inheritance rights.

Significance and Issues

  • The proposed law aims to ensure uniformity in civil laws relating to marriage, divorce, maintenance, adoption, and inheritance, irrespective of religion.
  • It seeks to promote gender justice, equal property rights, and legal protection for women and children.
  • The Bill removes the distinction between legitimate and illegitimate children, ensuring equal inheritance rights for all children.
  • Supporters argue that a common civil code strengthens constitutional equality and simplifies the legal framework governing personal laws.
  • Critics have raised concerns regarding privacy, the mandatory registration of live-in relationships, and the balance between individual rights, cultural diversity, and State regulation.

 

About Uniform Civil Code :

●  Article 44 of the Directive Principles of State Policy (DPSPs) directs the State to endeavour to secure a Uniform Civil Code (UCC) for all citizens throughout India.

●  A Uniform Civil Code seeks to replace religion-based personal laws governing marriage, divorce, inheritance, succession, maintenance, and adoption with a common set of civil laws applicable to all citizens.

●  Directive Principles of State Policy (Part IV) are non-justiciable, but they serve as guiding principles for governance and law-making.

●  The Supreme Court, in several judgments including Shah Bano (1985) and Sarla Mudgal (1995), has observed the desirability of implementing a Uniform Civil Code to promote national integration and gender justice.

●  Article 25 guarantees the Freedom of Religion, while Articles 14 and 15 ensure equality before law and prohibit discrimination, making the debate on the UCC a balance between fundamental rights and constitutional directives.