A private member’s Bill that seeks to provide for a panel to prepare a Uniform Civil Code (UCC) was introduced in the Rajya Sabha on December 9.
Key points
- The Uniform Civil Code in India Bill, 2020,” was introduced in the Upper House by BJP member Kirodi Lal Meena.
- He introduce the Bill to provide for the constitution of the national inspection and investigation committee for preparation of a UCC and its implementation throughout India and for matters connected therewith during the private member’s businesses.
About Uniform Civil Code (UCC)
- Article 44, part 4 of the Indian constitution reads “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
- The UCC proposes to formulate and implement personal laws of the citizens which will be applicable to every Indian irrespective caste, religion and sexual orientation.
- Under it, all personal matters such as marriage, divorce, adoption, inheritance, and succession will be dealt with uniformly for all persons.
- In November 2021, the Allahabad High Court also termed UCC as a “necessity” and said it was “mandatorily required today.
- Those who oppose the UCC argue that a law like UCC goes against the “values of unity in diversity” prevalent in India.
- Certain social groups are of the view that UCC could affect their customs and religious practices.
- In the Shah Bano case, the Supreme Court had attempted to introduce applicability of Code of Criminal Procedure (CRPC) across religions by granting the Muslim women maintenance rights from their husband upon divorce. However, this judgment was subsequently nullified by the Parliament when it passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 which essentially moved a step away from a UCC.
- In 2018, the law commission stated that the issue of UCC is vast and that “its potential repercussions are untested in India.”
- Goa is the only state to have Uniform Civil Code. Goa’s Portuguese Civil Code of 1867 is an example of a common family law prevalent in a State. The Portuguese Civil Code 1867, governs the right to succession and inheritance, along with all other civil rights with respect to individuals of a Goan domicile, irrespective of the religion.
About Private Member Bill
- The Private Member Bill is a bill introduced by a Member of Parliament (MP), who is not a minister. The Bills introduced by ministers are called government Bills.
- MPs sitting in the Opposition mostly bring Private Member Bills in the house.
- The government bills have the backing of the government and reflect its legislative agenda.
- Whether the Private Bill has to be admitted or not is decided by the Speaker of the Lok Sabha or Chairperson of the Rajya Sabha.
- The MP who wants to move a Private Member’s Bill has to give at least a month’s notice, for the House Secretariat to examine it for compliance with constitutional provisions and rules on legislation.
- While a government Bill can be introduced and discussed on any day, a private member’s bill is only introduced and discussed on Fridays.
- No Private Member’s Bill has been passed by the Parliament since 1970, according to PRS Legislative Research.
- So far, the Parliament has passed 14 such Bills, six of them in 1956. The 16th Lok Sabha (2014-19) witnessed the highest number of Private Member Bills introduced (999) since 2000.
