Uniform Civil Code

 

Why is it in the news?

1. Uttarakhand officially implemented the uniform civil code for all residents of the state on 27th January, 2025 except scheduled tribes and natives who have migrated out of the state. Thus, Uttarakhand has become the first Indian State to implement the UCC after independence as mandated by the constitution of India under article 44. Goa already had a common civil code in India. Several BJP ruled states like Haryana, Assam, Madhya Pradesh and Gujarat have constituted committees to enforce uniform civil code in near future. 

2. The Act bans practices like Halala, Iddat and Talaq. It ensures that women are given equal rights in matters related to property and inheritance. 

3. According to the provision of UCC in Uttrakhand, all those people who have got married since March,26,2010, will have to be registered in the government portal within the six months. Marriages that have taken place after the implementation of the law should be registered within 60 days from the date of marriage. Similarly, live-in-relationship established before and after the implementation of UCC will have to be registered within one month from the date of implementation of the UCC.  

4. If the woman becomes pregnant during the live-in, then it is mandatory to inform the government within 30 days of the birth of the child. The UCC also mandates that a landlord cannot deny a house to any couple whose live-in registration is done. Thus, It mandates online registration of marriages, divorces and live-in relationships. A government portal has been formed for this purpose. People can access records, register complaints and also upload their will on the portal.  The government claims that the UCC will bring equality and harmony. It also hopes that the stream of equality emanating from Uttarakhand will irrigate the entire country in the future. 

TO WATCH FULL VIDEO, CLICK ON THIS LINK

What is Uniform Civil Code?

1. UCC refers to replacing personal laws based on religious scriptures and customs with a common set of rules governing every citizen. These laws cover marriage, adoption, inheritance, divorce and maintenance governed by respective religious scriptures. 

2.  Under article 44 of our constitution Uniform Civil Code has been put under the directive principle of state policy. The provision states that the state shall endeavour to secure a UCC for all citizens throughout the territory of India. 

3. It is suggested that UCC would lead to equality, gender justice , promote national integration, eliminate complexities of different personal laws and modernise civil laws as per the needs of the contemporary society. 

4. Detractors give the following arguments against UCC : - 

• It would infringe the religious freedom guaranteed by the constitution of India under article 25, whereby every citizen is entitled to propagate, profess and practise his own religion. 

• India has cultural diversity. Different communities have different customs and traditions. Even among tribals, the customs and traditions of North Eastern Tribes are quite different from that of tribals living in Central India. 

• Different religious communities have resisted the implementation of UCC in India, alleging that it would compromise their religious freedom. 

• Political parties except, BJP, dither to implement UCC lest they get alienated from minorities. 

Difference between Uniform Civil Code and Common Civil Code

1. UCC stands for uniform laws for all citizens irrespective of their religious affiliations. It is secular and universal. It is rigid and uniform for all communities.

Common Civil Code on the other hand does not necessarily mandate complete uniformity. 

2. It can allow for some degree of flexibility. It allows diversities while seeking harmony. Thus, it gives special consideration to customs and traditions. 

The present position of UCC in the different countries of the world.

Most of the western countries like the United States, Canada, France, Germany, Australia have UCC. Islamic countries like Turkey, Tunisia, Indonesia, Kazakhstan, Uzbekistan and other Central Asian Republics have adopted UCC. While other Muslim countries have still clung to Sharia laws.  

Historical Background 

The UCC was fairly discussed in the constituent assembly.  No unanimity among its members could be arrived at. Both Jawaharlal Nehru, Dr. Ambedkar, K M Munshi and women members were in favour of the binding implementation of UCC but the Muslim and Christian members vehemently protested against making UCC as enforceable by law.  Thus, a compromise was arrived at for want of consensus and it was put under Directive Principle of State Policy under article 44. 

Why has the uniform civil code not been implemented in India despite a constitutional mandate?

1. The fear of losing religious identity among minorities.

2. Political parties refrained from implementing UCC due to fear of backlash from minorities during the election.

3. Apprehension of social unrest by minorities.

4. Lack of consensus among majority and minority communities. 

5. Lack of awareness with regard to UCC.

6. Diversity and plurality of Indian society makes the UCC unfeasible. 

7. Encroachment upon the right to minorities under article 29 and 30 of our constitution.

The Way out 

UCC can be implemented by making consensus among all stakeholders. It requires gradual rather than drastic implementations. Moreover, citizens should be educated with regard to the benefits of the UCC. But the customs and traditions of tribal and other vulnerable communities must not be interfered with through the UCC.   

Justice in Indian Constitution

 Introduction 

Along with liberty, equality and fraternity, justice is the cornerstone of the Indian constitution. Only in a society permeated by justice, one can expect the enjoyment of liberty, equality and fraternity. Thus, justice presupposes the booming democracy. No justice can thrive in a set-up which is guided by dictatorship. 

The Supreme Court inaugurated : Lady of Justice without blindfold
with scale in her right hand and constitution of India in the left hand 

Definition-

1.According to Plato, Justice is to establish harmony where rulers, warriors and producers (farmers and artisans) perform its designated function without interfering with others. 

2.According to Kautilya, Justice meant protecting citizens, maintaining order by enforcing proportionate punishment and ensuring King’s responsibility to uphold Dharma for the welfare of the state and society. 

3. According to Aristotle, Justice has two components - distributive justice, whereby fair distribution of resources is carried out and corrective justice where wrongs are rectified. He stressed upon equality and fairness. 

4.According to  John Rawls, Justice is achieved when society ensures fairness specially for the most vulnerable. 

5. According to Thomas Hobbes, Justice is achieved when a social contract is made for the preservation of peace and order with the sovereign for enforcing justice.

6. According to Karl Marx,  Justice can be achieved when a classless society is established through class struggle, where inequality is eradicated. 

7. According to John Stuart Mill, Justice is essential to the principle of utility where the aim is the greatest happiness of the greatest number.

8.According to Amartya Sen, Justice means improvement of people's actual life by enhancing people’s freedom and capabilities. 

TO WATCH FULL VIDEO, CLICK ON THIS LINK

Provision of justice in Indian Constitution

1.Preamble - The Preamble consists of three types of justice - social, economic and political. 

• Social justice means equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular sections of the society. It also means improvement in the conditions of scheduled castes, scheduled tribes, and other backward classes.

• Economic Justice means non-discrimination between people on the basis of economic factors. It means elimination of glaring inequality in wealth, income and property. 

• Political justice means  all citizens should have equal political rights, equal access to all political offices and equal voice in the Government. 

2.Fundamental Rights - 

• Article 14 ensures the right to equality before law and equal protection from law.

• Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. 

• Article 16 guarantees equality of opportunity in public employment, ensuring that every citizen has the equal chance.

• Article 17 abolishes all kinds of untouchability.

• Article 18 abolishes all kinds of titles, except those titles given on the merit. 

• Article 19 provides freedom such as the right to free speech and expression, assembly, association, movement, residence and profession. 

• Article 20 provides no ex post facto law. It means no person shall be convicted of any offence except for violation for law in force at the time of the commission of the act. No double jeopardy which means no person should be persecuted and punished for the same offence for more than once. No self-incrimination which means no person accused of any offence shall be compelled to be a witness against himself.  

• Article 21 guarantees the right to life and personal liberty. The Supreme Court has enlarged the scope of this article to include right to live with human dignity, right to decent environment, right to livelihood, right to shelter, right to health, right to free education up to 14 years of age , right to free legal aid, right against handcuffing, right to speedy trial, right against inhuman treatment, right against bonded labour, right against custodial harassment, right to emergency medical aid, right to fair trial, right to family pension, right to marry a person of one’s choice, right to privacy etc. 

• Article 22 provides protection against arrest and detention, right to be informed on the grounds of arrest and access to legal representation. 

• Article 23 prohibits trafficking in human beings and forced labour.

• Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work of railway. 

3.Directive Principles of State Policy 

• Article 38 promotes the welfare of the people by securing social economic and political justice and to minimise inequality income status, facilities and opportunities. 

• Article 39 secures -

(a) the right to adequate means of livelihood for all the citizens 

(b) Equitable distribution of material resources of the community for the common good. 

(c) Prevention of concentration of wealth and means of production

(d) Equal pay for equal work for men and women

(e) Preservation of health and strength  of workers and children against the forceable abuse. 

(f) Opportunity for healthy development of children and protection of childhood and youth against exploitation and against moral and material abandonment. 

• Article 39 (A) promotes equal justice and provides free legal aid to the poor. 

• Article 41 secures the right to work, to education and to public assistance in case of unemployment, old age, sickness and disablement.

• Article 42 makes provision for just and humane conditions of work and maternity relief.

• Article 43 secures a living wage, a decent standard of life, social and cultural opportunities for all workers.  

• Article 43 A secures the participation of workers in the management of industries.

• Article 47 raises the level of nutrition and standard of living of people and improves public health. 

• Article 46 promotes the educational and economic interest of SC,ST and other weaker sections of the society and to protect them from social injustice and exploitation. 

• Article 45 provides early childhood care and education for all children until they complete the age of six years. 

• Article 48 organises agriculture and animal husbandry on modern and scientific lines. 

4.Judicial review - The constitution of India authorises the higher judiciary like Supreme Court and High Courts to declare any law passed by Parliament or state legislatures null and void if that law contravenes the provisions of constitution. Thus, the Supreme Court of India struck down a number of laws passed by the Parliament. Recently, the Supreme Court upheld the classification of scheduled castes and scheduled tribes for reservation to provide reservation benefits to marginalised groups within these castes and tribes.

5. Public Interest Litigation - It allows individuals or groups to approach the judiciary to seek legal remedies for public issues, providing an effective means for the poor or marginalised to access justice. Thus, the provision of locus standi was removed so that public issues may be raised in the Supreme Court and High Courts. 

6.Legal Aid and Free Justice - The Legal Services Authority Act,1987, formalises the provision of free legal aid to unprivileged sections, reinforcing the constitutional directives under article 39 A. 

Achievements of Justice in India since Independence 

1. India successfully conducted 18 elections since independence and thus strengthened democratic set-up by giving reservation to scheduled castes and scheduled tribes in Parliament. By the 73rd and 74th amendments, democratic decentralisation was carried out at the district and down to the village level. 33% reservation to women was provided in these local bodies. Some states like Bihar reserved 50% reservation for women. Similarly, reservation to SCs and STs was provided in these local bodies commensurate with their population. 

2. India achieved self-sufficiency in food production by the introduction of the Green Revolution. It has become the fastest growing economy in the world. It has made efforts for economic inclusion by launching welfare schemes like MGNREGA ,Pradhan Mantri Jan Dhan Yojana, and Pradhan Mantri Mudra Yojana. Almost all states have passed land reforms whereby intermediaries like zamindars, jagirdars were abolished. By tenancy reforms, security of tenure and fair rent were ensured. Surplus lands of more than 60 lakh hectares were distributed among landless and marginalised farmers. The maternity benefits Act 1961, and Equal Remuneration Act, 1976 have been  made to protect the interest of women workers. The Nationalisation of 21 banks and abolition of privy purses were made to promote common good.  

3.Social justice has been achieved by making untouchability a crime. The SC, ST Atrocities Prevention Act, 1989 further strengthened the position of these communities. Legal reforms with regard to marriage inheritance and workplace harassment have been carried out. 

Challenges 

1.In spite of the great progress made by India since independence, political corruption, criminalisation of politics, muscle power in the election are on the rise. There is a lesser representation of women in Parliament. Even Pakistan has better women's presentations in Parliament than in India. Similarly, political participation of marginalised groups and women is very much limited in the higher level of governance. 

2. In spite of being the fifth largest economy of the world in nominal GDP, India has become the most unequal society in the world. Only 1% people from the top have captured 22% of the national income and 40% of the wealth of India. The informal sector which produces 92% of the employment suffers from low wages, insecurity of jobs and unhygienic conditions of the workplace. India ranks 108th out of 193 countries in 2022 in the gender inequality index. The labour force participation for women is at 28.3 % which is very low when compared with China, Japan and South Korea.

3. The caste based discrimination is still prevalent in rural areas. Work force participation for women is still low due to gender bias. The minority communities suffer from inadequate representation and frequent communal flare up. 

Conclusion 

1.To sum up, justice in India can be achieved and would be provided to millions of people by adopting inclusive growth, ensuring the economic growth benefits to all sections of the society. This would be ensured by reducing inequality, eradicating poverty, creating employment opportunities, improving social cohesion, reducing gender gap and by achieving  sustainable development goals. 

Why do courts acquit criminals/accused?

 

Why do courts acquit criminals/accused?

Why is it in the news?

As per the news item published in the reputed Newspaper at Indore, the court acquitted three accused charged with murder and kidnapping of a 13 year old son of a medical shop owner. It was contended that most of the witnesses turned hostile and so the court acquitted the accused. The mother of the dead son was in the precinct of the court and she started sobbing but the accused came out with their smiling faces. Thus, the boy, who was killed, did not get justice even after his death.

Introduction

1.Once a crime is committed, the Police register FIR. Investigation goes on. 

• The investigation of an offence consists of proceeding of the investigating officer to the spot, ascertainment of facts and circumstances of the case, discovery and arrest of the suspected offenders, the examinations of various accused and the search of places or seizure of things considered necessary for the investigation and finally, formation of the opinion as to whether on the basis of materials collected, there is a case to present accused before the magistrate for trials and if so, taking the necessary steps by filing of a charge sheet under section 173 of crpc.

2.If there is sufficient evidence, the investigating officer produces a charge sheet in the court. The court starts the trial proceedings whereby examination chief, cross examination and re-examination of the witnesses, complainants and accused take place. The relevant documents are exhibited in the court of law before the accused. The Judge either convicts or acquits the accused on the basis of evidence brought before him. 

3.If there is sufficient evidence, the court convicts the accused as per the provision of Indian Penal court. If the court is not satisfied with the evidence brought before it, it may acquit the accused. 

Causes of the acquittal of the accused 

The acquittal of an accused can be attributed to the complexities of so many factors. These are -

• Insufficient evidence- If the prosecution fails to establish the guilt of the accused on the basis of insufficient evidence incriminating the accused, the court can acquit an accused. 

• Reasonable doubt- It is the duty of prosecution to prove the involvement of the accused in the crime beyond reasonable doubt. If the defence successfully introduces doubt about the involvement of the accused in the case, the court can give a verdict in favour of the accused by acquitting him. 

• Illegal evidence - If the court comes to the conclusion that the prosecution has obtained evidence unlawfully, it may not admit that illegal evidence in the court and this may lead to acquittal of the accused.

• False confessions - If defence proves that the confession of the accused was obtained by coercion, temptation, allurement or under duress, the court may not admit those confessions by the accused and this may lead to acquittal.

• Credibility of witnesses - If witnesses are inconsistent, biased , and their statements are contradicted by other evidence, it may create scepticism in the mind of the judge and he may acquit the accused because of the lack of accuracy among witnesses. 

• Failure in identification of unknown accused and stolen goods may lead to acquittal of accused.

• Alibi - If the defence successfully establishes the fact that the accused were far off from the place of occurrence of crime and it was not humanly possible to reach the place where the crime occurred, the court may presume that the accused are not involved in the commission of crime.

• If the expert testimony is challenged by the defence and their methodology or expert testimony is successfully impeached, the court may presume that the expert's testimony were vitiated and so it may acquit the accused. 

• Lack of jurisdiction- on account of lack of jurisdiction, the court can also acquit and accuse.

• Statutes of limitations -  The law dictates a specific time limit within which charges must be found. If the prosecution brings charges after the statute of limitation has expired, the accused may be acquitted due to the legal time limit. 

• Poor investigation - Investigation is the process of linking the chain of circumstances under which the crime occurred and the crime detected. If the Investigating Officer fails to establish the link of the occurrence and the detection of the crime and if there is a missing link, the court may acquit the accused. 

• Procedural violations - failure to adhere to legal procedure during evidence collection, statement of witnesses, arrest, searches can render evidence inadmissible in the court. 

• Political influence - Pressure from higher authorities or political masters can compromise the independence and impartiality of the investigation leading to the acquittal of the accused. 

• Resourceful and powerful accused - Sometimes accused are so powerful politically and economically that they exert enormous pressure upon witnesses, the police and the court. Moreover, these powerful accused hire reputed lawyers to defend their case. While the complainant and his government advocate can not match the legal knowledge and expertise of defence lawyers. This leads to the acquittal of the accused. 

• In addition, lack of expertise of the investigating officer, procedural violation, inadequate training and prejudice of the investigating officer are other factors for the acquittal of accused. 

Impact of acquittal of the accused on the society 

Society is disturbed whenever wrongful convictions take place or guilty individuals are acquitted. This leads to the erosion of public trust in law enforcement. The confidence of people in the criminal justice system is also shaken. Law and order situation worsens. Anarchy prevails. The prestige of police ebbs in the eyes of people. 

Conclusion

Acquittals of an accused occur on account of several factors. It is therefore pertinent that the comprehensive legal procedure is followed. The rights of the accused are safeguarded. The evidence is collected and scrutinised before producing them into the court of law so that the court can trust them. It must be remembered that as per the jurisprudence, every accused is innocent until proven guilty by the court. Efforts should be made to cross examine witnesses and accused in such a way that the court is satisfied with the collection of evidence and its authenticity.