PM’s pitch for UCC is on the same lines as Centre’s affidavit in Supreme Court
The Hindu
Prime Minister Narendra Modi’s pitch for a Uniform Civil Code (UCC) in poll-bound Madhya Pradesh on June 27 mirrors a Law Ministry affidavit filed in the Supreme Court months ago, which said that “citizens belonging to different religions and denominations following different property and matrimonial laws is an affront to the nation’s unity”.
Prime Minister Narendra Modi’s pitch for a Uniform Civil Code (UCC) in poll-bound Madhya Pradesh on June 27 mirrors a Law Ministry affidavit filed in the Supreme Court months ago, which said that “citizens belonging to different religions and denominations following different property and matrimonial laws is an affront to the nation’s unity”.
Article 44 of the Constitution enjoins upon the State to endeavour to secure to its citizens a UCC.
In 2019, a Division Bench of the Supreme Court had exhorted the state to “endeavour” and bring the common code. It had referred to the failure of succeeding governments to “secure” the UCC for its citizens despite the codification of the Hindu law in 1956. The court had said that “despite the exhortations of this court in the case of Shah Bano in 1985, the government has done nothing to bring the Uniform Civil Code”. The Shah Bano case, which upheld a Muslim women’s right to maintenance, was considered a step in the direction of implementation of the UCC.
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“Whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard,” the Supreme Court had observed in the Jose Paul Coutinho judgment.
Recently, the apex court had upheld a State Government’s authority under the Constitution to form a committee to examine the implementation of the UCC. The decision had come in a challenge to the BJP-ruled Uttarakhand Government’s move to set up its own committee on the UCC.
The Prime Minister has referred, in his speech, to the Supreme Court’s decisions and observations to lay stress on the UCC. He has blamed the Opposition’s “vote-bank politics” for the delay in action regarding the UCC.
Several principals of government and private schools in Delhi on Tuesday said the Directorate of Education (DoE) circular from a day earlier, directing schools to conduct classes in ‘hybrid’ mode, had caused confusion regarding day-to-day operations as they did not know how many students would return to school from Wednesday and how would teachers instruct in two modes — online and in person — at once. The DoE circular on Monday had also stated that the option to “exercise online mode of education, wherever available, shall vest with the students and their guardians”. Several schoolteachers also expressed confusion regarding the DoE order. A government schoolteacher said he was unsure of how to cope with the resumption of physical classes, given that the order directing government offices to ensure that 50% of the employees work from home is still in place. On Monday, the Commission for Air Quality Management in the National Capital Region and Adjoining Areas (CAQM) had, on the orders of the Supreme Court, directed schools in Delhi-NCR to shift classes to the hybrid mode, following which the DoE had issued the circular. The court had urged the Centre’s pollution watchdog to consider restarting physical classes due to many students missing out on the mid-day meals and lacking the necessary means to attend classes online. The CAQM had, on November 20, asked schools in Delhi-NCR to shift to the online mode of teaching.