What is Uniform Civil Code?
Uniform Civil Code is a proposal in India to formulate and implement citizens' personal laws, which apply to all citizens equally with no regard for their religion. Currently, the personal laws of various communities are governed by their religious scriptures. If a crime happens, the criminal will be punished under Criminal law, notwithstanding the religion and community; the same should be followed in civil laws. That is the aim of the Uniform Civil Code.
UCC is an important issue regarding secularism in Indian politics. It remains disputed by India's political left-wing, Muslim groups, and other conservative religious groups and sects in defense of sharia and religious customs.
Personal laws differ from public laws. The laws related to marriage, divorce, inheritance, adoption, and maintenance come under personal laws. Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens.
B. R. Ambedkar was also a staunch supporter of the UCC. He denied the claims that a common civil code in a vast country like India would be impossible. He stated that the only sphere which did not have a uniform law was that of marriage and succession; rest all
areas of civil law, such as transfer of property, contract, the Negotiable Instrument Act, easement act, sale of goods, etc., were uniform in nature.
He did not wish to add the proviso to
the already unenforceable article 35, but was open to the slow inclusion of the communities with their voluntary consents once the legislature fulfills its promise to have a UCC.
UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The Supreme Court of India, in October 2015, asserted the need for a Uniform Civil Code and said that "This cannot be accepted; otherwise every religion will say it has a right to decide various issues as a matter of its personal law. We don’t agree with this at all. It has to be done through a decree of a court".
UCC was proposed twice, in November 2019 and March 2020 but was withdrawn both times soon, even without introduction in parliament. The debate for a uniform civil code, with its diverse implications and secularism in the country, is one of the most controversial issues in twenty-first-century Indian politics.
The article 25-28 of Indian constitution guarantee religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
Now, Goa is the only state in India that has a Uniform Civil Code.
ADVANTAGES:-
☆ Uniform Civil Code promotes secular society.
☆ One single law for all civil cases.
☆ It cancels out those personal laws which disrespect the dignity of women.
☆ It provides the right to Equality and Justice in the rule of law.
☆ Personal laws promote communalism in between two religions as well as in between two sexes.
☆ National Integration
☆ Women Empowerment:-
Issues such as Triple Talak somewhere project Indian society as a patriarchal society for women, dominated by men to a very extent on personal issues and family matters.
DISADVANTAGES:-
☆ Freedom of right to religion comes into conflict with the right to equality.
☆ Can create insecurities in the minds of minorities.
☆ UCC challenges the vast cultural diversity of India.
☆ It Poses a threat to public order.
☆ No religion will get its right to manage its own affairs on the matter of religion.
☆ Religious freedom is being granted to religious communities of every religion by the Indian Constitution. On that basis, some sects of rituals and customs are protected by this Article.
☆ Not yet enough progressed:-
India, striving with communalism in day-to-day life, this step is still not required by most community members, which is seen by them as a threat to their religion.
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