News Analysis India

Tag: Uniform Civil Code

  • People won’t be misled, state has no power to make such laws: Cong on Guj govt’s decision on UCC 

    By PTI

    AHMEDABAD: The Gujarat Congress on Saturday said people would not be misled by the BJP government’s decision to form a committee for the implementation of the Uniform Civil Code.

    Calling it a “gimmick” ahead of Assembly elections, senior Congress leader Arjun Modhwadia said the state legislature has no power to make such laws.

    The Bhupendra Patel government earlier in the day announced that a committee headed by a retired High Court judge would be formed to study the modalities of implementing the UCC.

    “This gimmick is aimed at misleading the public who are suffering due to inflation and joblessness and a host of other problems because of the failure of the government.

    The power to implement the Uniform Civil Code lies with the Centre.

    Personal laws were passed by Parliament, and the Gujarat Assembly does not have the power to make this law,” Modhwadia said at a press conference.

    “The BJP has been in power in Gujarat for the last 27 years and it has been in power at the Centre for eight years.

    Now that the Assembly elections are round the corner, the decision regarding the Uniform Civil Code does not make sense,” he added.

    The BJP was using this “trick” as the people are determined to throw out the state government which has left the youth, farmers, cattle herders and all other segments of society frustrated, the Congress leader claimed.

    AHMEDABAD: The Gujarat Congress on Saturday said people would not be misled by the BJP government’s decision to form a committee for the implementation of the Uniform Civil Code.

    Calling it a “gimmick” ahead of Assembly elections, senior Congress leader Arjun Modhwadia said the state legislature has no power to make such laws.

    The Bhupendra Patel government earlier in the day announced that a committee headed by a retired High Court judge would be formed to study the modalities of implementing the UCC.

    “This gimmick is aimed at misleading the public who are suffering due to inflation and joblessness and a host of other problems because of the failure of the government.

    The power to implement the Uniform Civil Code lies with the Centre.

    Personal laws were passed by Parliament, and the Gujarat Assembly does not have the power to make this law,” Modhwadia said at a press conference.

    “The BJP has been in power in Gujarat for the last 27 years and it has been in power at the Centre for eight years.

    Now that the Assembly elections are round the corner, the decision regarding the Uniform Civil Code does not make sense,” he added.

    The BJP was using this “trick” as the people are determined to throw out the state government which has left the youth, farmers, cattle herders and all other segments of society frustrated, the Congress leader claimed.

  • Ahead of Assembly polls, Gujarat govt to form committee for Uniform Civil Code implementation 

    By PTI

    AHMEDABAD: Ahead of the Assembly polls in Gujarat to be held by the year-end, the Bharatiya Janata Party (BJP) government in the state on Saturday decided to set up a committee to implement the Uniform Civil Code (UCC).

    Gujarat Minister of State for Home Harsh Sanghvi said the state cabinet cleared a proposal to constitute the committee during its meeting held on Saturday.

    This is considered the last meeting of the Bhupendra Patel-led cabinet as the schedule for the state elections is expected to be announced next week.

    “The committee will be headed by a retired high court judge and will have three to four members,” Union minister Parshottam Rupala said.

    Earlier, the BJP governments in Uttarakhand and Himachal Pradesh had announced implementation of the UCC in their states.

    ALSO READ | Uttarakhand to be first state in country to implement Uniform Civil Code since Independence

    AHMEDABAD: Ahead of the Assembly polls in Gujarat to be held by the year-end, the Bharatiya Janata Party (BJP) government in the state on Saturday decided to set up a committee to implement the Uniform Civil Code (UCC).

    Gujarat Minister of State for Home Harsh Sanghvi said the state cabinet cleared a proposal to constitute the committee during its meeting held on Saturday.

    This is considered the last meeting of the Bhupendra Patel-led cabinet as the schedule for the state elections is expected to be announced next week.

    “The committee will be headed by a retired high court judge and will have three to four members,” Union minister Parshottam Rupala said.

    Earlier, the BJP governments in Uttarakhand and Himachal Pradesh had announced implementation of the UCC in their states.

    ALSO READ | Uttarakhand to be first state in country to implement Uniform Civil Code since Independence

  • Uttarakhand govt constitutes panel to implement Uniform Civil Code

    By Express News Service

    NEW DELHI: Moving a step closer to implementing the Uniform Civil Code (UCC), the BJP-ruled Uttarakhand on Friday constituted a drafting committee to report to the government on thematter. 

    Recently, Uttarakhand CM Pushkar Singh Dhami had said that his state would be second after Goa to enforce the Uniform Civil Code “to ensure equality in the law to all.”  

    The drafting committee will be headed by retired Supreme Court judge Ranjana Desai. The panel will have Delhi High Court judge Pramod Kohli ex-state chief secretary and former IAS officer Shatrughan Sinha, Manu Guad and  Sureksh Dangwal (VC of Doon University)  as members.

    Official sources said that state governor Gurmit Singh has approved the constitution of the committee. 

    As the UCC advocates for a single law for all Indian citizens on issues like divorce, marriages, custody, inheritance and adoption, Uttarakhand is committed to bringing it for this purpose.

    BJP sources say that next to Uttarakhand, UP and other BJP-ruled states will move towards implementing Uniform Civil Code through proper Constitutional provisions. 

    Meanwhile, Uttarakhand CM told media persons that the state has taken a decision on it. “We have taken a decision to implement UCC in the state to become the second state after Goa to implement it”, he told the media on Friday. Earlier, Himachal Pradesh CM Jai Ram Thakur had also said that his state will consider implementing the UCC after examining it.

  • Uniform Civil Code a good step, open to implement it in Himachal: CM Jai Ram Thakur

    The Uniform Civil Code calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, and adoption. 

  • Can a state enact uniform civil code? Experts divided over Uttarakhand CM’s poll promise

    By PTI

    NEW DELHI: Experts are divided on whether a state has the power to bring a law on uniform civil code, a day after Uttarakhand Chief Minister Pushkar Singh Dhami said if re-elected the BJP will set up a panel to prepare a draft of such a code.

    Constitution expert and former Lok Sabha secretary general P D T Achary told PTI that both the Centre and the states are empowered to bring such a law as issues like marriage, divorce, inheritance and property rights come under the Concurrent List of the Constitution.

    But former Union Law Secretary P K Malhotra was of the view that only the central government can bring such a law by moving Parliament.

    Achary said state assembly can make laws for the community living in that state.

    “That means local variations can be recognised through a law made by the state government,” he said.

    He said a uniform civil code covers personal laws — statutes on marriage, divorce, inheritance and property rights.

    But Malhotra opined that since Article 44 of the Constitution refers to all citizens throughout India, only Parliament is competent to make such a law.

    Responding to a question on Goa having a uniform civil code, Malhotra said according to his understanding, the law was already in existence before Goa became part of India.

    Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

    Dhami had on Saturday said the panel on Uniform Civil Code will comprise legal experts, retired people, intellectuals and other stakeholders.

    The state goes to poll on Monday.

    The ambit of the committee will cover issues related to marriage, divorce, landed property and succession, Dhami had said in a video statement.

    The uniform civil code has been a part of the BJP’s successive election manifestos.

    Union Law Minister Kiren Rijiju had recently told a BJP MP in a letter that given the “importance” of the subject of a common code, sensitivity involved and the need for an in-depth study of the provisions of various personal laws governing different communities, a proposal to examine issues relating to uniform civil code and to make recommendations was forwarded to the 21st Law Commission.

    However, the term of the 21st Law Commission ended on August 31, 2018.

    “The matter may be taken up by the 22nd Law Commission of India,” Rijiju had said while responding to the issue of the need for a uniform civil code raised by the member in the Lok Sabha.

    After detailed research and many consultations held over two years, the 21st Law Commission had issued a consultation paper on reforming family laws in India.

    The law panel advises the government on complex legal issues.

  • Shows your party is losing in Uttarakhand: Sibal slams Dhami over Uniform Civil Code promise

    By PTI

    NEW DELHI: Senior Congress leader Kapil Sibal on Saturday attacked Uttarakhand Chief Minister Pushkar Singh Dhami over his remarks that the BJP will constitute a committee to prepare a draft Uniform Civil Code if re-elected, saying this shows the BJP is losing the polls in the hill state and he needs some legal advice.

    Sibal asked Dhami not to “embarrass” his party and himself by making such announcements.

    In a video statement, Dhami said the BJP, if re-elected to power in Uttarakhand, will constitute a committee to prepare a draft Uniform Civil Code soon after its new government is sworn in.

    The panel will comprise legal experts, retired people, intellectuals and other stakeholders, the chief minister announced on the last day of campaigning for the 70 assembly seats in the state going to polls on February 14.

    Reacting to the remarks, Sibal tweeted, “Pushkar S Dhami, Please don’t embarrass your party and yourself when you make announcements about implementing the Uniform Civil Code in Uttarakhand if BJP comes to power.”

    “This shows your party is losing in Uttarakhand and that You need some legal advice,” the former Union minister said.

  • Uniform Civil Code not suitable for multi-religious country like India: AIMPLB

    The Muslim board said the UCC was antithetical to the fundamental right to practice religion as enshrined in the Constitution.

  • BJP to introduce private members’ bills on population control, uniform civil code in Monsoon session

    By PTI
    NEW DELHI: BJP MPs will introduce private members’ bills on population control and uniform civil code in the upcoming Monsoon session of Parliament, according to information from the secretariats of both Houses.

    The private members’ bill on population control comes close on the heels of the law commission of BJP-ruled Uttar Pradesh, the most populous state in the country, putting up a draft bill on the issue on its website, inviting suggestions from the public till July 19.

    BJP Lok Sabha MP from Uttar Pradesh Ravi Kishan and Rajya Sabha MP from Rajasthan Kirori Lal Meena are scheduled to introduce the private members’ bills on population control and uniform civil code respectively in the very first week of the Parliament session which is starting from July 19.

    A bill introduced by a member other than a minister is known as a private member’s bill and there is little possibility of it becoming a law without the government’s support.

    The proposed legislations on population control and uniform civil code, issues that usually trigger heated polemics in the country, are in line with the BJP’s ideological agenda.

    Opposition parties have criticised the BJP’s moves in this regard, claiming that they are aimed at targeting one specific community, while the BJP has accused them of pursuing appeasement politics.

    According to the details available with Lok Sabha and Rajya Sabha secretariats, Kishan and Meena will get an opportunity to introduce their respective private members’ bills on July 24, which was decided through the lottery system.

    A notice for a similar bill on population control has also been given by BJP MP in Rajya Sabha Rakesh Sinha.

    The proposed legislations on population control emphasise on deincentivising couples having more than two children, by making them ineligible for government jobs and subsidies on various facilities and goods given by the government.

    The draft UP population control bill says people having more than two children will be debarred from contesting local bodies polls, applying for government jobs or receiving any kind of subsidy.

    Similar legislation is under discussion in another BJP-ruled state Assam.

    Meanwhile, Vishva Hindu Parishad, a member of the ruling BJP’s ideological family, has objected to the one-child policy norm of the draft population control bill in UP, saying it is likely to further increase the imbalance between different communities and contract the population as well.

    “The preamble of the bill states that this is a bill, inter alia, to stabilise the population and promote the two-child norm. The Vishva Hindu Parishad agrees with both objects,” the organisation’s working president, Alok Kumar, said in a letter to the Uttar Pradesh State Law Commission (UPSCL) on Monday.

    However, Sections 5, 6(2) and 7 of the bill, which incentivise public servants and others to have only one child in the family, go “well beyond the said objects”, he said.

    Asked about the bill he intends to introduce, Sinha said population growth has been ringing an “alarm bell” for the country and asserted that a central law is “most required” as it will be applicable across the nation.

    The unchecked population growth needs to be regulated, he said.

    Noting that Prime Minister Narendra Modi had made a critical intervention in the debate over the issue during his speech on August 15, Sinha said that Modi had called for a balance between resources and population.

    The discourse over the issue should not be seen through caste and religious angles, Sinha said.

    According to PRS Legislative, no private members’ bills have been passed by Parliament since 1970.

    A total of 14 such bills have received Parliament’s nod.

  • Delhi HC backs Uniform Civil Code, urges Centre to take necessary steps

    By ANI
    NEW DELHI: The Delhi high court has backed the need for a Uniform Civil Code (UCC) observing that there is the need for a Code – ‘common to all’ in the country and had asked the central government to take the necessary steps in this matter. “In modern Indian society, which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating,” the HC said.

    “The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope,” a bench of Justice Prathiba M. Singh said, adding that the need for a Uniform Civil Code as envisioned under Article 44, has been reiterated from time to time by the Supreme Court.

    “The Supreme Court had, in 1985 directed that the judgment in Ms Jordon Diengdeh (supra) be placed before the Ministry of Law to take appropriate steps. However, more than three decades have passed since then and it is unclear as to what steps have been taken in this regard to date. Accordingly, let the copy of the present judgment be communicated to the Secretary, Ministry of Law & Justice, Government of India, for necessary action as deemed appropriate,” the court said.

    “Cases like the present one repeatedly highlight the need for such a Code – ‘common to all, which would enable uniform principles being applied in respect of aspects such as marriage, divorce, succession etc., so that settled principles, safeguards and procedures can be laid down and citizens are not made to struggle due to the conflicts and contradictions in various personal laws,” the court said.

    “In modern Indian society which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating,” the court said.

    The court observed that the youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce.

    The court’s observation came while hearing a plea seeking the applicability of The Hindu Marriage Act, 1955, in respect of the parties who belong to the Meena community in view of the exclusion under Section 2(2) of the HMA, 1955.

    The couple got married on 24th June 2012. A petition seeking divorce under Section 13-1(ia) of the HMA, 1955 was filed by the man on 2nd December 2015. The woman e prayed for rejection of the divorce petition, on the ground that the provisions of the HMA, 1955 do not apply to the parties concerned as they are members of a notified Scheduled Tribe in Rajasthan, and hence the HMA, 1955 would not be applicable to the case of the said parties in view of Section 2(2) of the HMA, 1955.

    The application was decided by the Family Court and the divorce petition was dismissed by holding that the provisions of the HMA, 1955 do not extend to the Meena community, which is a notified Scheduled Tribe. the man challenged the trial court order dated 28th November 2020 in the High Court.

    The High Court allowed his appeal to challenge the trial court order and set aside trial court decisions.

    “The appeal is allowed. The impugned judgment is not sustainable and is accordingly set aside. The trial court is directed to proceed with the adjudication of the petition under 13-1(a) of the HMA, 1955 on merits and render a decision within six months,” the high court said. 

  • Muslim Law Board moves SC opposing plea seeking ‘uniform grounds of divorce’ for all citizens

    By PTI
    NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) has moved the Supreme Court against a plea seeking “uniform grounds of divorce” for all citizens of the country, keeping with the spirit of the Constitution and international conventions.

    The AIMPLB has opposed the plea filed by advocate and BJP leader Ashwini Kumar Upadhyay seeking uniform grounds of divorce on the basis that personal laws cannot be tested on the anvil of Articles 14, 15, 21 and 44 of the Constitution.

    “The applicant would like to submit that the expression and ‘Custom and Usage’ in Article 13 of the Constitution does not include faith of a religious denomination embedded in personal laws,” the plea said while seeking impleadment in the petition filed by Upadhyay. 

    “The Constituent Assembly was aware of the distinction between ‘personal law’ and the ‘custom and usage’ and chose advisedly to exclude personal law and include custom and usage in Article 13 of the Constitution,” it said.

    The Board in its plea submitted that the laws relating to marriage and divorce amongst the Hindus themselves are not uniform and thus the customs and practices have been protected by the statute itself.

    The top court on December 16 last year had issued notice to the Centre on the plea filed by Upadhyay.

    His plea sought directions to the Centre to take steps to remove anomalies in divorce laws and make them uniform for all citizens, without any prejudice on the basis of religion, race, cast, sex or place of birth.

    “The court may declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 and frame guidelines for ‘Uniform Grounds of Divorce’ for all citizens,” it said.

    While Article 13 of the Constitution deals with laws that are inconsistent with or in derogation of the fundamental rights, Article 14 guarantees equality before law to all citizens.

    Article 21 pertains to the protection of life and personal liberty whereas Article 44 talks about a uniform civil code for the citizens.

    “Alternatively, this court may direct the Law Commission to examine the laws of divorce and suggest ‘Uniform Grounds of Divorce’ for all citizens in the spirit of Articles 14, 15, 21, 44 within three months, while considering international laws and international conventions,” the plea said.

    Hindus, Buddhists, Sikhs and Jains have to seek divorce under the Hindu Marriage Act, 1955. Muslims, Christians and Parsis have their own personal laws.

    A couple belonging to different religions has to seek divorce under the Special Marriage Act, 1956,” it said. If either partner is a foreign national then that person has to seek divorce under the Foreign Marriage Act, 1969.

      Hence, the grounds of divorce are neither gender neutral nor religion neutral, the plea said.

    The PIL said the “injury” caused to the public due to this is large because divorce is among the most traumatic misfortunes for both men and women, but even after 73 years of independence, divorce procedures are very complex in the country.