Chhattisgarh govt. to table UCC Bill during Winter Session: CM Sai

The push for a Uniform Civil Code is rooted in the Directive Principles of State Policy under Article 44 of the Indian Constitution, which instructs the State to endeavor to secure for the citizens a uniform civil code throughout the territory of India. Historically, India has maintained diverse personal laws based on religion (e.g., Hindu Marriage Act, Muslim Personal Law), creating a complex legal landscape. The recent trend of states enacting their own UCCs raises significant questions regarding federalism and the Concurrent List (Seventh Schedule). While personal laws (marriage, divorce, succession) fall under Entry 5 of the Concurrent List, allowing states to legislate, the fragmented approach creates a patchwork of laws across the country. UPSC Mains may ask to evaluate the implications of state-by-state implementation versus a centralized, national UCC, analyzing the constitutional validity and potential conflicts if a central law is eventually enacted.

The process of drafting the UCC in Chhattisgarh highlights a structured approach to policy formulation. The appointment of an expert committee, led by a former Supreme Court judge (Justice Ranjana Prakash Desai Committee), and the inclusion of retired bureaucrats and legal experts, signifies a deliberate effort to create a robust legal framework. Furthermore, the committee's mandate to seek suggestions from citizens and stakeholders underscores the importance of participatory governance in sensitive legislative matters. This consultative process is crucial for mitigating potential social friction and ensuring the law reflects contemporary societal needs. Aspirants should note how the Madhya Pradesh model, which mandated registration of live-in relationships while exempting tribal communities, demonstrates an attempt to balance uniformity with the protection of vulnerable groups, a key aspect of inclusive governance.

A UCC primarily impacts the social fabric by standardizing laws governing marriage, divorce, maintenance, and inheritance, which currently vary significantly across religious communities. Proponents argue that a UCC is essential for promoting gender justice and equality, as many traditional personal laws are often viewed as discriminatory towards women (e.g., issues of polygamy, unequal inheritance rights). The Madhya Pradesh bill's provision to ban polygamy is a clear example of this reformist intent. However, critics argue that a UCC might infringe upon the right to freedom of religion (Article 25) and the cultural autonomy of minority groups. The decision by Madhya Pradesh to exclude tribal communities from the UCC's scope highlights the tension between achieving uniformity and respecting the unique customary practices protected under the Fifth Schedule and Sixth Schedule. UPSC questions often focus on analyzing this delicate balance between secularism, gender justice, and cultural pluralism.