M.P. Cabinet Approves Draft UCC Bill

Polity

Context

The Madhya Pradesh Cabinet has approved the draft Uniform Civil Code (UCC) Bill.

Major Highlights of the Bill

- Objective: The Bill seeks to prohibit polygamy and simultaneously multiple marriages across all communities.
- It proposes a prohibition on practices like polygamy and nikah halala, while introducing strict provisions for live-in relationships.
- Exemptions: The law will not apply to Scheduled Tribes (such as Bhil, Gond, Korku, Baiga, Sahariya, and Bharia) covered under Articles 342 and 366 of the Constitution.
- Furthermore, communities whose traditional rights are protected under Part XXI of the Constitution have also been specifically exempted.
- Registration: It will be mandatory to register marriages and divorces across all communities through government portals.
- Children of married or unmarried parents—whether biological, adopted, or born through surrogacy or Assisted Reproductive Technology (ART)—will enjoy equal legal status.
- Live-in Relations: It is mandatory for live-in couples to submit an affidavit to the local registrar within a month of entering in a relationship, failing which could attract legal action.

Children born out of live-in relationships will be considered legitimate and entitled to full inheritance rights.

Uniform Civil Code

Article 44 of the Directive Principles of the State Policy (DPSP) states that it is the duty of the State to secure Uniform Civil Code (UCC) for the citizens throughout the country.
It mainly aims to replace Personal Laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
“Uniform” in UCC signifies
- Uniformity of laws between communities.
- Uniformity of laws within communities ensuring equalities between the rights of men and women.

Efforts Towards UCC in India

Special Marriage Act, 1954: The Special Marriage Act of 1954 provides for civil marriage for any citizen irrespective of religion, thus, permitting any Indian to have their marriage outside the boundaries of any religious personal law.
Shah Bano Case 1985: In this case, Shah Bano was refused her claim for maintenance. The Supreme Court ruled in her favour under Section 125 of Code of Criminal Procedure (CrPC), which applied to all citizens the order for maintenance of wives, children and parents.
- The Supreme Court further recommended that the long pending Uniform Civil Code should be finally enacted.
The Supreme Court also called on the government to implement the UCC in the 1995 Sarla Mudgal judgement as well as in the Paulo Coutinho vs Maria Luiza Valentina Pereira case (2019).

Arguments in Favour of UCC

Accommodating the Aspirations of the Youth: As the world transitions into the digital age, the social attitude and aspiration of the young population is shaping by universal and global principles of equality, humanity and modernity.
- Thus, the enactment of Uniform Civil Code will help in utilising their full potential towards nation building.
Support National Integration: The Constitution guarantees all citizens equal treatment in courts of law whether it is criminal laws or other civil laws (except Personal Laws).
- Thus, the implementation of Uniform Civil Code will grant an equal set of personal laws to all, resulting in the end of politicization of issues of the discrimination or concessions or on the other hand exceptional benefits appreciated by a specific community on the basis of their specific religious personal laws.
The Rise Above the Patriarchal Mindset: The existing personal laws of most religions are based upon the upper-class patriarchal notions of the society. Thus, the codification and implementation of the Uniform Civil Code will destroy the sanctity of the patriarchal orthodox.
- Thus, the Uniform Civil Code will promote gender equality and will bring both men and women at par.
Convenient for Judicial Process: There exist many personal laws, including Hindu Code, Sharia Law, etc. The presence of so many laws leads to confusion, complexity, and inconsistencies in the adjudication of personal matters, sometimes resulting in delayed or incomplete justice.
- UCC will help the judiciary deliver justice efficiently and within a reasonable timeframe.

Arguments Against UCC

21st Law Commission Report : The Law Commission of India has opined that a Uniform Civil Code (UCC) is neither necessary nor desirable to reconcile conflicts in personal/family laws.
- It stated that many countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.
- Therefore, the Commission has suggested amendments to existing family laws to tackle discrimination and inequality in personal laws, rather than do away with differences between them altogether.
Against Cultural Diversity India: Practical difficulties due to diversity in India, it is difficult to come up with a uniform set of rules for personal issues like marriage due to the tremendous diverse culture in India across the religions, sects, castes, states, etc.
Encroachment on Religious Freedom: Articles 25 to 28 of Indian Constitution provide the Right to Freedom of Religion. The Uniform Civil Code is viewed as a threat to religious freedom (Article 25) by many communities, especially the minority communities.
- According to them, the Uniform Civil Code will neglect their traditions and impose rules which will be mainly influenced by the majority religious communities.
Against the Indigenous Rights of Tribes: The Naga Community has claimed that the implementation of UCC would bring about clear trouble for their culture and dignity.
- It can potentially cause social disorder, as the personal and social life of the tribes are quite distinct from the rest of the people in the country.

Conclusion

The goal of a UCC should ideally be reached in a piecemeal manner through a brick-by-brick approach rather than an omnibus approach. A just code is far more important than a uniform code.

Operation Vajra

Polity

Context

The Central Bureau of Narcotics (CBN) prevented illegal trafficking of high-strength Tramadol Hydrochloride (250 mg) tablets under the Operation Vajra.

Tramadol

It is a synthetic opioid painkiller, popularly known as the ‘Fighter Drug’.
It has reportedly been misused by fighters, including ISIS militants, to suppress pain and fatigue.
In 2018, India brought Tramadol under the ambit of the Narcotic Drugs and Psychotropic Substances Act, 1985, making its production and sale without approval from the Central Bureau of Narcotics illegal.

Narcotic Drugs and Psychotropic Substances Act, 1985

Objective – It is India’s primary law regulating narcotic drugs and psychotropic substances. It balances strict prohibition with medical use.

Constitutional & Global Pillars

Article 47: Aligns with the Directive Principle to prohibit health-injurious drinks and drugs.
UN Treaties: Fulfills India’s obligations under the 1961, 1971, and 1988 UN drug conventions.
Jurisdiction: Covers all of India, its citizens abroad, and India-registered ships/aircraft.

Key Provisions & Definitions

Blanket Ban: Prohibits cultivation, production, possession, and sale of narcotics except for medical/scientific use.
Bhang Exception: Explicitly bans Charas and Ganja, but excludes Bhang (leaves), leaving it to state laws.
Property Forfeiture: Empowers the state to freeze and seize assets derived from illicit drug trafficking.

Enforcement Nodal Body