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What is the Uniform Civil Code?
The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
Goa is the only state in India with a UCC, following the Portuguese Civil Code of 1867.
What are the cases where the SC has mentioned UCC?
Mohd. Ahmed Khan vs Shah Bano Begum Case,1985:
The Court observed that “it is a matter of regret that Article 44 has remained a dead letter” and called for its implementation.
Such a demand was reiterated in subsequent cases such as Sarla Mudgal v. Union of India, 1995, and John Vallamattom v. Union of India, 2003.
Jose Paulo Coutinho v. Maria Luiza Valentina Pereira Case, 2019:
The Court hailed Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and accordingly urged for its pan-India implementation.
What is the Law Comission’s Stance?
Law Commission's Stance:
In 2018, the 21st Law Commission headed by former Supreme Court judge Justice Balbir Singh Chauhan submitted a consultation paper on “Reforms of family law” wherein it observed that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
It underscored that secularism should coexist with the prevailing plurality in the country. It however recommended that discriminatory practices and stereotypes within existing personal laws should be amended.
In 2022, the 22nd Law Commission headed by Justice (Retd) Rituraj Awasthi, issued a notification seeking opinions from various stakeholders, including the public and religious organisations, on the UCC.
Which other states are also considering implementing the UCC?
Similar bills are expected to be placed before the assemblies in Gujarat and Assam as well. The Gujarat government constituted a committee in 2022 to look into various aspects of the UCC. Assam Chief Minister Himanta Biswa Sarma, speaking at the Hindu Ekta Yatra in Karimnagar last year, also spoke strongly in favour of the UCC.
Who headed the June 2022 UCC committee for implementation?
Justice Desai, who is also the current head of the delimitation commission
