Context:

The Union Home Minister recently stated in the Rajya Sabha that the ruling party would implement the Uniform Civil Code (UCC) in every state ruled by it.

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• The Home Minister pointed to the initiative of the Uttarakhand government to introduce a UCC in the state as a model.
• He argued that in a secular nation, there should be a common law for all religious communities.

What is the Uniform Civil Code (UCC)

• UCC implies the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.
• Article 44 of the Constitution states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
• Article 44 comes under the Directive Principles of State Policy (Part IV) whose provisions are non-justiciable, i.e., not enforceable by the court. 

Present Status of UCC in India

Currently, Goa is the only state in India with a UCC.

• The Goa Civil Code has its origins in the Portuguese Civil Code of 1867.

The Uttarakhand assembly passed the Uniform Civil Code (UCC) 2024 Bill in February, 2024. 

• Uttarakhand will become the first Indian state to implement a UCC post-independence.
• The law however exempts tribal communities from its purview.

Related Supreme Court Cases

• Shah Bano case (1985): SC upheld the right of a Muslim woman to maintenance under Section 125 of CrPC. It expressed regret that Article 44 remained a ‘dead letter’ and called on the government to bring UCC. 
• Sarla Mudgal case (1995): SC observed that Article 44 is based on the idea of a distinction between religion and personal law, and so a UCC does not violate the religious freedom guaranteed by Articles 25, 26, and 27. 
• Shabnam Hashmi case (2014): SC ruled that any person, irrespective of religion, can adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000.
• Shayara Bano case (2017): SC declared the practice of triple talaq unconstitutional and reignited the debate on UCC.