Uniform civil code:It seems "Delhi abhi door hai"

Why in news: 

Article 44(DPSP) states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”But owing to differences in marriage, divorce, adoption, maintenance and inheritance laws among various religions, honourable SC called the process as “total confusion” and asked govt. regarding the applicability of uniform civil code(will be used as UCC in further writing).

What is UCC:

It is a European concept originated with the rise of nation states and recognition that state is sovereign. It is not a common code rather acknowledging State’s authority even to reform or make laws in personal affairs. Thus it is a common set of laws governing personal matters for all citizens of the country, irrespective of religion.

Why UCC is needed:

• The debate of UCC is linked to rights and status of women in various community .Regressive practices in various religions often becomes reason for their backwardness.Cases of gender discrimination(arbitrary divorce in Muslim community) often violates Article 21(right to dignity) and various international covenants.
• Different divorce practices(like in Christian community Christian couple to be judicially separated for two years before getting a divorce, whereas this period is one year for Hindus and other non-Christians) tend to deprive women from their right to equality under Article 14.
• Moreover common practices will perpetuate common brotherhood thereby will strengthen national integration.
• The process will also give chances to all members of all community “an equality of opportunity” for their personality development.
• Will be helpful for orphans as with UCC any member would be able to adopt children of any community.

SCs ruling:

• In the famous Shah Bano(1985) case SC ruled that Muslim woman was entitled to alimony under the general provisions of the CrPC, like anybody else. But Govt (fearing to lose the vote bank)nullified it by  passing Muslim Women (Protection of Rights on Divorce) Act and allowed compensation for only 90 days.
• Later in Daniel Latifi vs Union of India (2001),SC maintained the Act but ruled that quantum of maintenance must be “reasonable and fair”, and therefore, last her a lifetime.
• In Githa Hariharan vs RBI (1999),SC examined the concept of uniformity in Hindu Minority and Guardianship Act, 1956 and the Guardian Constitution and Wards Act(which used to recognise father as a natural guardian in all cases) and ushered the right to equality in the matter of guardianship.
• Recently  a two-judge Bench of the court has suo motu ordered registration of a PIL petition and asked the CJI to set up a Special Bench to consider gender discrimination suffered by Muslim women.

Why still has not been framed:

• Many of the view that being a secular (which is also a basic structure) country,under Article 25(which guarantees the freedom to practise, profess and propagate any religion)state is expected not to interfere in personal laws.
• Moreover some claims that since India is a multicultural country ,so it is in best interest for everyone to maintain their original personal laws.
• Apart from that the lack of political will owing to loosing of vote bank and chances of communal violence often restrict party in power to formulate UCC.

Need of Hour:

The debate over UCC has usually been overshadowed by communal and political overtones .Even our founding fathers have already comprehended the worsening situation of women and religious intolerance that’s why they inserted it in constitution. Thus it is expected on the part of executive and legislative that it take SC ruling in Shah Bano case(“formulation of UCC to help in the cause of national integration”) as serious note and by applying the doctrine of "principal distance" w.r.t religion, starting the discussion on UCC will be a positive step.