Archives (PRELIMS & MAINS Focus) Uniform Civil Code (UCC) Syllabus Prelims –POLITY Context: Recently, the Uniform Civil Code (UCC) draft report was approved by the Uttarakhand Cabinet. Background:- It was tabled in the state assembly as a bill for enactment. About Uniform Civil Code (UCC):- UCC is a generic set of governing laws for every citizen without taking into consideration religion. The Constitution in Article 44 requires the State to strive to secure for its citizens a Uniform Civil Code(UCC) throughout India. (Uniform Civil Code) Article 44:According to this article, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Historical Background:- The Supreme Court for the first time directed the Parliament to frame a UCC in the case of Mohammad Ahmed Khan v. Shah Bano Begum in the year 1985. In this case, Shah Bano claimed maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by him. However, the government overturned the Shah Bano case decision by way of the Muslim Women (Right to Protection on Divorce) Act, 1986 which curtailed the right of a Muslim woman to maintenance under Section 125 of the Code of Criminal Procedure. Need of UCC:- Gender Justice:– It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. Muslim men are allowed to marry multiple wives, but women are forbidden from having multiple husbands. Even after the 2005 amendment to the Hindu Succession Act, women are still considered part of their husband’s families after marriage. So, in case a Hindu widow dies without any heirs or will, her property will automatically go to her husband’s family. Men (fathers) are also treated as ‘natural guardians’ and are given preference under the Hindu Minority and Guardianship Act. A uniform civil code will establish gender justice by bringing both men and women to par. Promote national unity: A unified personal law irrespective of gender, caste, creed, etc. will boost national unity and solidarity. Simplification of laws: It will eliminate the overlapping of laws. Different personal laws (Codified and Uncodified) practised in India:- Hindu Personal Law Hindu personal law is codified in four bills: the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act. The term ‘Hindu’ also includes Sikhs, Jains and Buddhists for the purpose of these laws. It was codified by the Parliament in 1956. Muslim personal laws A 1939 Act enacted by the British said that their personal Law (ie, the Shariat) would govern Muslims. The Muslim Personal Law (Shariat) Act, 1937 is a short statute with five provisions. It covers provisions of marriage, divorce, children’s custody or inheritance Intestate succession, dissolution of marriage etc. Secular’ laws:- These laws disregard religion altogether. These include: Special Marriage Act: for Inter-religion marriages and Guardians and Wards Act: establishes the rights and duties of guardians. Other laws:- In the Northeast, there are more than 200 tribes with their own varied customary laws. Apart from it, different personal laws also govern Christians and Jews. Thus, a UCC will simplify these laws into one standard. MUST READ: Debate over Uniform Civil Code SOURCE: TIMES OF INDIA PREVIOUS YEAR QUESTIONS Q.1) In essence, what does ‘Due Process of Law’ mean? (2023) The principle of natural justice The procedure established by law Fair application of law Equality before law Q.2) In India, which one of the following (2023) Constitutional Amendments were widely believed to be enacted to overcome the judicial interpretations of Fundamental Rights. 1st Amendment 42nd Amendment 44th Amendment 86th Amendment Inclusive Education for Disabled at Secondary Stage (IEDSS) scheme Syllabus Prelims –GOVERNMENT SCHEMES Context: Recently, the Karnataka government suspended five officers for dereliction of duty in the implementation of the Inclusive Education for Disabled at Secondary Stage (IEDSS) scheme. Background:- An FIR has been registered against 56 officials of the department and 22 NGOs. About Inclusive Education for Disabled at Secondary Stage (IEDSS) scheme:- Launched: Ministry: Ministry of Education. Objective: To enable all students with disabilities, to pursue further four years of secondary schooling after completing eight years of elementary schooling in an inclusive and enabling environment. Historical Background:- The Scheme of Inclusive Education for Disabled at Secondary Stage (IEDSS) replaces the earlier scheme of Integrated Education for Disabled Children (IEDC) and provides assistance for the inclusive education of disabled children in classes IX-XII. This scheme is now subsumed under Rashtriya Madhyamik Shiksha Abhiyan (RMSA) from 2013. The States/UTs are also in the process of subsuming under RMSA as RMSA subsumed Scheme. Salient Features:- The scheme covers all children studying at the secondary stage in Government, local body and Government-aided schools, with one or more disabilities as defined under the Persons with Disabilities Act (1995) and the National Trust Act (1999) in class IX to XII, namely blindness, low vision, leprosy cured, hearing impairment, locomotory disabilities, mental retardation, mental illness, autism, and cerebral palsy and may eventually cover speech impairment, learning disabilities, etc. Girls with disabilities receive special focus to help them gain access to secondary schools, as well as to information and guidance for developing their potential. Setting up of Model inclusive schools in every State is envisaged under the scheme. Components:- Student-oriented components, such as medical and educational assessment, books and stationery, uniforms, transport allowance, reader allowance, stipend for girls, support services, assistive devices, boarding the lodging facility, therapeutic services, teaching-learning materials, etc. Other components include the appointment of special education teachers, allowances for general teachers for teaching such children, teacher training, the orientation of school administrators, establishment of resource room, providing barrier-free environment, etc. Implementing Agency:- The School Education Department of the State Governments/Union Territory (UT) Administrations are the implementing agencies. They may involve NGOs having experience in the field of education of the disabled in the implementation of the scheme. Financial Assistance:- Central assistance for all items covered in the scheme is on a 100 per cent basis. The State governments are only required to make provisions for scholarships of Rs. 600/- per disabled child per annum. MUST READ: SVANidhi se Samriddhi program SOURCE: THE HINDU PREVIOUS YEAR QUESTIONS Q.1) Consider the following