The demand for a Uniform Civil Code (UCC) is gaining momentum with the BJP-ruled states, including Uttarakhand & Uttar Pradesh going forward with their plan to formulate a common policy.

Uttarakhand CM Pushkar Singh Dhami said a high-level committee would soon be set up to draft a Uniform Civil Code, & communal amity in the state wouldn't be allowed to be disrupted at any cost.

Once UCC is introduced in Uttarakhand, other states should follow suit, he said.

Uttar Pradesh has also gone ahead with its plan to implement the UCC while political leaders in other states have supported the proposal. Himachal Pradesh is also considering implementing UCC in the state, Chief Minister Jai Ram Thakur said.

Uniform Civil Code calls for the formulation of common law to be made applicable to all religious communities in matters such as marriage, divorce, inheritance & adoption. UCC comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

[Article 44 - Uniform civil code for the citizens —The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.]

The latest developments on Uniform Civil Code across States:

Uttarakhand
UCC had been the poll promise of the Pushkar Singh Dhami Govt before getting elected to power earlier in March. Earlier on Saturday, he said a high-level committee will soon be set up to draft a Uniform Civil Code & communal amity in the state will not be allowed to be disrupted at any cost.

Dhami said the Cabinet, at its first meeting, cleared a proposal to constitute a high-level panel of experts to draft a Uniform Civil Code. The panel will be set up soon, he said.

The Govt has planned to conduct a drive to verify the antecedents of people coming to Uttarakhand in large numbers so that dubious elements don’t succeed in disrupting the peace, the chief minister said.

Himachal Pradesh
Terming the Uniform Civil Code a “good step", Himachal Pradesh Chief Minister Jai Ram Thakur on Monday said the State Govt is examining the concept & is open to implementing it. Asked to comment on BJP-ruled Uttarakhand’s willingness to implement the Uniform Civil Code (UCC), Thakur said, “UCC is a good step. It is being examined in the state. We are open to implement it in Himachal Pradesh."

Uttar Pradesh
After Uttarakhand Govt’s proposal, the UP Govt is thinking seriously in the direction of the implementation of the Uniform Civil Code in the state, Deputy Chief Minister Keshav Prasad Maurya said. Maurya on Saturday made the revelation while favouring the expeditious implementation of the UCC both in the country & the state.

Terming the constitutionally-envisaged measure an “important step" for the realisation of the governance ‘mantra’ of “Sabka Saath, Sabka Vikas" (inclusive growth), he said it should be welcomed by everybody. “One law for all in one country is the need of the hour. It is required that we should get out of the system of one law for one person & another for others. We are in favour of a common civil code," Maurya said while talking to newspersons here.

“The Uttar Pradesh government is thinking in this direction seriously, the deputy CM said. Just as the Uttarakhand government has initiated steps, in UP & other states too where there is the BJP government, the common civil code should be implemented, he said.

The issue of the implementation of the Uniform Civil Code, however, does not enjoy the Opposition support besides that of Muslim bodies. Senior socialist leader Shivpal Singh Yadav, however, has called for a Uniform Civil Code, in remarks that are being seen as another indication of his growing closeness with the ruling BJP in Uttar Pradesh.

MNS In Maharashtra
Earlier this month, Maharashtra Navnirman Sena (MNS) chief Raj Thackeray batted for the Uniform Civil Code & stressed the need for controlling population growth.

“Prime Minister Narendra Modi should implement the Uniform Civil Code in this country,” Thackeray said, adding that a law should be brought in to curb population growth.

The statements in favour of UCC came in the backdrop of Thackeray’s demand for banning of loudspeakers in mosques.

Madhya Pradesh
Senior BJP leader & Rajya Sabha MP Ajay Pratap Singh has written to MP CM Shivraj Singh Chouhan urging him to constitute a committee to look into different aspects of implementation of a common civil code.

In the letter, Singh has brought to the attention of the CM that the newly formed BJP Govt in Uttarakhand recently constituted a committee of experts to look into different aspects of implementation of a common civil code.

Goa
Goa is the only state in India so far where all communities, including Hindus, Muslims, Christians, are governed by the same law when it comes to marriage, divorce, succession, etc. because though the state became a part of the Indian Union in 1961, the former Portuguese colony decided to continue with the Portuguese Civil Code of 1867 for all communities in the state.

The Goa Civil Code, however, is not entirely the same as a Uniform Civil Code proposed by the BJP. While “uniform" means the uniformity of all despite being from any religion, race, caste, sex, & age, some laws in the Goa code make a clear distinction between the common civil code & uniform civil code.

The Goa Civil Code prohibits bigamy – which the code defines as the offence of marrying someone while already married to another person – for all other religion except for Hindus. Hindu men thus have the right to bigamy under specific circumstances mentioned in Codes of Usages & Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). Such a privilege being given particularly to men of the Hindu religion & prohibited for men of other religions is clearly not valid to be a part of a uniform civil code.

At an inauguration ceremony of a new Bombay High Court building at Goa in March 2021, former Chief Justice of India Justice Sharad Arvind Bobde said, “Goa has what Constitutional framers envisaged for India - a Uniform Civil Code. & I have had the great privilege of administering justice under that Code. It applies in marriage & succession, governing all Goans irrespective of religious affiliation," Bobde was quoted as saying by news agency ANI.

The Special Marriage Act, enacted to govern the marriages of two people from different religions, plays out differently in Goa. Muslim men, who have their marriages registered in Goa, cannot practice polygamy. Also, there is no provision for a verbal divorce.

However, the provision lacks uniformity between Catholic & non-Catholic marriages. First, the intent of marriage is recorded by the would-be spouses before the civil registration authorities & after two weeks, a marriage deed is signed. For Catholics, signature in churches are considered sufficient for civil registration. Many women are not aware that the UCC requires a second confirmation through signatures, & so, when a dispute arises, their marriages are found invalid. Many cases of bigamy through such frauds have been reported, according to an Indian Express report.

(Only the headline and picture of this report may have been reworked by the LatestLaws staff; the rest of the content is auto-generated from a syndicated feed.)

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