In big move ahead of polls, Gujarat govt set to announce panel for implementing UCC today

In a big move ahead of the Assembly polls, the Gujarat government is likely to form a committee for the implementation of the Uniform Civil Code (UCC). As per sources, MoS Home Harsh Sanghavi will make an announcement in this regard during a press conference today. The panel is set to be headed by a retired High Court judge. Sources revealed that this issue was discussed during the meetings of the previous Cabinet led by then CM Vijay Rupani as well. In May, BJP-ruled Uttarakhand became the first state to set up a high-level committee to draft a UCC for the state.

Speaking to Republic TV, activist Zeenat Shaukat Ali opined, "There is nothing wrong with Uniform Civil Code but it should be put under discussion. You cannot take arbitrary action and just implement it. But it should be out for discussion so that the people are convinced. And there should be a draft which is circulated, looked into and approved. Because Uniform Civil Code is part of the Directive Principles and we have to consider it seriously and I am not against it". The implementation of the UCC was one of the key poll promises of the BJP during the Lok Sabha election in 2014 and 2019.

Court observations on UCC

While the UCC finds a mention in Article 44 of the Constitution which reads, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India", it is not binding being a part of the Directive Principles of State Policy in the Constitution. On July 7, 2021, a single-judge bench of the Delhi High Court Justice Pratibha Singh backed the need for a UCC and asked the Ministry of Law and Justice to take the necessary action as deemed appropriate. She was hearing a plea to determine the applicability of the Hindu Marriage Act, 1955 to the Meena community.

Maintaining that this case highlights the necessity of a UCC, she expressed surprise at the fact that the Centre has failed to take any steps in this regard despite a 1985 Supreme Court verdict in this regard. Meanwhile, the Allahabad HC on November 18, 2021, held that a UCC is mandatory. The single-judge bench of Justice Suneet Kumar was hearing a batch of 17 petitions pertaining to protection sought by interfaith couples. While allowing the pleas, Justice Kumar asked the Centre to constitute a committee for implementing Article 44 of the Constitution.