CALL FOR SECULAR CIVIL CODE GAINS MOMENTUM

Why in the news?

Prime Minister Modi calls for a secular civil code in India, emphasising its role in eliminating religious discrimination, alongside addressing women’s safety and minority security concerns.

Highlights for a Secular Civil Code in India:

  • Prime Minister Narendra Modi has called for the introduction of a “secular civil code” in India, arguing that laws based on religion, which foster discrimination, are outdated.
  • In his Independence Day speech, Modi emphasised that transitioning from a communal to a secular civil code would help eliminate religious discrimination and address gaps in the current system.
  • The proposed code would standardise laws across different religions, covering areas such as marriage, divorce, inheritance, and maintenance.
  • This initiative aligns with the BJP’s ideological goals and was a key promise in their 2024 election campaign.
  • Uttarakhand has already enacted the UCC, though full implementation is pending.
CALL FOR SECULAR CIVIL CODE GAINS MOMENTUM - UPSCsource:researchgate
What is UCC (Uniform Civil Code)?

Definition:

  • UCC (Uniform Civil Code) proposes a single law for all personal matters (marriage, divorce, custody, adoption, inheritance) across India.
  • Aims: to replace diverse personal laws governing different religious communities.

Legal Hurdles:

  • Personal laws fall under the Concurrent List, involving both Parliament and state legislatures.
  • Uncertainty over whether UCC should blend existing laws or create a new common law.
  • Potential conflict with fundamental rights under Articles 25, 26(b), and 29, and protections for certain states under Articles 371 (A) to (I) and the Sixth Schedule.
  • Diversity within existing secular laws like the Indian Contract Act and others.
  • UCC, as per Article 44, is non-justiciable and may conflict with constitutional principles.

Social Issues:

  • Need for widespread consensus among diverse stakeholders.
  • Concerns about UCC being perceived as an attack on cultural practices.
  • Specific community grievances (LGBTQ+, Tribals, Women) highlight the need for more debate and coordination.
  • The Law Commission of 2018 emphasised that secularism should support cultural diversity and coexistence.