SYLABUS

GS 2: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure; Government policies and interventions for development in various sectors and issues arising out of their design and implementation. 

Context: Recently, the Madhya Pradesh Cabinet approved the draft Uniform Civil Code (UCC) Bill, 2026, paving the way for the State to become the fourth state after Uttarakhand, Gujarat and Assam to implement a Uniform Civil Code.

Key Provisions of the Madhya Pradesh UCC, 2026

• Common Civil Law: Establishes a uniform civil law for all citizens in matters relating to marriage, divorce, inheritance, succession, maintenance and live-in relationships. 

• The Code exempts Scheduled Tribes covered under Articles 342 and 366(25) and communities protected under Part XXI of the Constitution. 

• Marriage: Monogamy made mandatory and polygamy prohibited across all communities.

• The minimum marriage age is 21 years for men and 18 years for women, and marriage registration has been made compulsory. 

• Divorce: Oral divorce, triple talaq and nikah halala have been declared illegal. 

• Marriage can be dissolved only through statutory legal grounds, and divorce registration has been made compulsory. 

• Live-in Relationships: Live-in couples must register their relationship within one month. 

• Both partners must be 18 years or above; if either partner is below 21 years, the Registrar will inform their parents/guardians and the local police. 

• Penalties for Live-in Violations: Failure to register may attract up to three months' imprisonment or a ₹10,000 fine. 

• Providing false information or failing to comply with the Registrar's notice may result in imprisonment and a fine of up to ₹25,000. 

• Children and Family Rights: Removes the term "illegitimate" and grants equal legal status to all children, including those born through adoption, surrogacy and Assisted Reproductive Technology (ART). 

• Children born out of live-in relationships will have full inheritance rights. 

• Inheritance and Succession: Sons and daughters will have equal inheritance rights, while widows, widowers, surviving mothers and fathers will enjoy equal rights as Class-I heirs. 

• A person convicted of murdering the deceased will be disqualified from inheritance. 

• Preparation of the Bill: Drafted by a committee headed by Justice (Retd.) Ranjana Prasad Desai after public consultations and based on the UCCs of Uttarakhand, Gujarat and Assam.

About Uniform Civil Code (UCC)

• It is a common set of civil laws that replaces personal laws based on religious customs and traditions and applies uniformly to all citizens. 

• It provides a single law for all citizens in matters such as Marriage, Divorce, Inheritance, Adoption, Succession, and Maintenance.

• It is regarded as a measure to promote a more secular, equitable and gender-just social order, consistent with constitutional values. 

• Article 44 of the Constitution, under the Directive Principles of State Policy (DPSP), directs the State to endeavour to secure a Uniform Civil Code for all citizens.

Objectives of the Uniform Civil Code (UCC)

• Equality Before Law: Ensures equal treatment of all citizens irrespective of religion through a common civil law. 

• Gender Justice: Removes discriminatory provisions in personal laws and promotes equal rights for women in marriage, divorce and inheritance. 

• Secularism: Reinforces secular governance by separating civil laws from religion. 

• National Integration: Promotes unity and a common legal identity among citizens. 

• Simplification of Laws: Replaces multiple personal laws with a single, coherent civil framework. 

• Modernisation of Society: Aligns personal laws with constitutional values and changing social norms.

Origin of the Uniform Civil Code (UCC)

• Colonial Period: The concept of the UCC originated during British rule, and the 1835 Report recommended uniform codification of laws relating to crimes, evidence and contracts, while excluding personal laws. 

• B. N. Rau Committee (1941): The B. N. Rau Committee (1941) was constituted to examine the reform of Hindu personal laws and submitted its report in 1947, recommending their codification and reform. 

• After Independence: After Independence, Parliament enacted the Hindu Code Bills (1955–56) to codify Hindu personal laws, while the Shah Bano case (1985) revived the debate on implementing a UCC.

Important Judicial Pronouncements on UCC

• Shah Bano Case (1985): The Supreme Court granted maintenance to a divorced Muslim woman under Section 125 CrPC and emphasised the need for a Uniform Civil Code to promote gender justice and national integration. 

• Sarla Mudgal Case (1995): The Court held that conversion to Islam solely to contract a second marriage without dissolving the first is invalid and reiterated the need for a Uniform Civil Code to prevent misuse of personal laws. 

• John Vallamattom Case (2003): The Court struck down discriminatory provisions in Christian personal law relating to property and observed that a Uniform Civil Code would help remove such inequalities. 

• Shayara Bano Case (2017): The Supreme Court declared instant triple talaq (talaq-e-biddat) unconstitutional, strengthening the principle of gender justice and reforms in personal laws. 

• Indian Young Lawyers Association v. State of Kerala (2018): The Court held that constitutional morality prevails over religious customs and affirmed that religious practices must conform to Articles 14 and 15, indirectly supporting the objectives of the Uniform Civil Code.