Uniform Civil Code
Source: Hindu
GS II: Policies and Developmental Studies
What is discussed?
- Public Interest Litigation
- Uniform Civil Code
- Need for UCC in India
Why in News?
- The Ministry of Law and Justice has informed the Supreme Court that the court cannot force Parliament to enact any legislation.
- It has requested that PILs (Public Interest Litigation) seeking a Uniform Civil Code (UCC) in the country be dismissed.
Public Interest Litigation
- Public interest litigation (PIL) or social action litigation (SAL) has been the primary method for judicial activism in India.
- Public interest litigation (PIL) was proposed by Justice P. N. Bhagwati and refers to litigation conducted to safeguard the public interest and illustrate the availability of justice to socially disadvantaged parties.
- It is a departure from the standard locus standi norm.
- Prior to the 1980s, the courts and the Supreme Court of India only heard cases from parties that were directly or indirectly harmed by the defendant.
- It only heard and determined matters within the scope of its original and appellate jurisdictions.
- However, the Supreme Court began to allow cases based on public interest litigation.
Uniform Civil Code
- It contains personal laws of citizens that are implemented equally regardless of religion, sex, gender, or sexual orientation.
- A UCC indicates that all segments of society, regardless of faith, are treated equally under a national civil code that applies consistently to all.
- Article 44 of the Indian Constitution states that- ‘The State shall endeavour to secure for the citizens a UCC throughout the territory of India’.
Need for Uniform Civil Code in India
- The goal of introducing the code is to integrate India.
- One universal civil code of behaviour will treat all citizens equally.
- The UCC will address topics such as marriage, divorce, inheritance, maintenance, adoption, and property succession, and everyone will be treated equally.
- The majority of personal laws are built in various groups based on their religious texts and associated items, resulting in a significant divergence.
- As a result, maintaining a unified civil code meant adhering to a single common law regardless of the society to which one belonged or the faith practised.
Uniform Civil Code in Goa
- Regardless of faith, Goa is attempting to secure the few rights granted by the Portuguese Civil Code, which was enacted in 1867.
- In 1870, the UCC was implemented in Goa.
- The code underwent several alterations throughout time as a result of various decrees. The contemporary form of the law was enacted in 1966.
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