Mizoram Assembly opposes enactment of Uniform Civil Code (UCC)

Mizoram Assembly opposes enactment of Uniform Civil Code (UCC)

Recently the Mizoram Legislative Assembly has adopted a resolution opposing the enactment of the Uniform Civil Code (UCC).

  • Under Article – 371G of the Constitution, Mizoram has been given special rights to protect its social or religious practices, customary laws and procedures.
  • Article – 371 (G) states that Parliament cannot decide on matters of religious or social practices of the Mizo people, local civil and criminal law, transfer of land ownership and customary legal process without the consent of the State Legislative Assembly. Can take
  • Uniform Civil Code (UCC) is a single law that applies to all citizens in their personal matters (such as marriage, divorce, adoption and inheritance).
  • It comes under Article-44 of the Constitution. According to this article, the state shall endeavor to enforce a uniform civil code for the citizens throughout the territory of India.

Arguments in favor of UCC-

  • It will strengthen gender justice, as most religious or customary personal laws favor men
  • It will end the discrepancy in the laws regarding matters of marriage, succession etc. of people of different communities.
  • With this many judicial decisions will be implemented. Mohammad Ahmad Khan v. Shahbano Begum, 1985 was one such case in which the adjudication could not be implemented.

Arguments against UCC-

  • The Law Commission has stated that UCC is neither necessary nor desirable.
  • It can end the rights of minorities and the right to religious freedom (Article – 25 of the Constitution).
  • Parliament does not have the exclusive power to legislate on ‘personal law’, as it is a subject of the Concurrent List.

Source – The Hindu

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