Uniform Civil Code :
The concept of "Uniform Civil Code is based on the universal principle of equality before the law. Uniform Civil Code places a group of laws to control the personal laws of all the citizens regardless of their religion. Thus. Uniform Civil Code means one law and one nation. No distinction between majority and minority communities have the same laws and equal rights for all religions and Civil matters. UCC especially highlights marriage, divorce. Adoption. inheritance and maintenance
• Uniform Civil Code in India is not enforceable by law. In addition, Goa is the only set state to have common family law, thus being solemnized state to have SPECIAL MARRIAGE ACT
MEANING :
Uniform Civil Code aims to mandate and replace all the personal laws based on customs of the major religion in India with a common set of laws.
● Marriage and divorce:
The personal laws of each religion contain different essentials of a valid marriage. The new code should have the essentials of a valid marriage, which shat include:
▪︎The new rule should impose monogamy banning multiple marriages under any religion. Polygamy discriminates against women and violates their basic human rights. Thus, monogamy should be imposed, not because it is the Hindu law, but because it addresses the:
Article 21 of the Constitutional fundamentals values
Hindus are bound by the law to practice Monogamy (only one wife) as Polygamy (having more than one wife) is an offense. Muslims are allowed by their personal laws to have four
▪︎The minimum age limit for a male should be 21 years, and for a female should be 18 years. This would help in curbing child marriages. Punishment should be prescribed for any person violating this provision. Also, punishment for other persons involved in such an act as the relatives should be prescribed, which would have a deterrent effect on society.
▪︎Registration of marriage should be made compulsory. A valid marriage will be said to have solemnized when the men and the woman sign their declaration of eligibility before a registrar. This will do away with all the confusion regarding the validity of the marriage.
▪︎The grounds and procedure for divorce should be specifically laid down. The grounds enumerated in the code should be reasonable and the procedure prescribed according to the principles of natural justice. Also, there should be a provision for divorce by mutual consent
● Succession and inheritance:
▪︎This area throws up even more intractable problems in Hindu law; there is a distinction between a joint family property self-acquired property, which is not so under the Muslim.
▪︎(Equal shares to son and daughter from the property of the father, whether self-acquired or joint family property). There should be no discrimination based on sex in matters of inheritance.
▪︎ The essentials of valid will the procedure for registration and execution of the will should be provided for
▪︎Provisions for gifts should not contain any limitations, though essential of valid gift and gift deed should be specified.
● Maintenance:
The maintenance laws for the Hindus and Muslims are very different. Apart from personal laws,
▪︎A Muslim woman can claim maintenance under Section 125 of Code of Criminal Procedure A Muslim woman can cam maintenance under the Muslim Women. Apart from maintenance of wide, there are also provisions for maintenance of mother, father, son and daughter and wives should contain the following with regards to maintenance:
A husband should maintain the wife during the marriage and after they have divorced until the wife remarries. The amount of alimony should be decided based on the income of the husband, the status, and the lifestyle of the wife.
▪︎The son and daughter should be equally responsible for maintaining the parents. The reason for this boing that if she claims equal share of the property of her parents, she should share the duty to manter her parents equally
▪︎The parents should maintain the children's son until he can earn on his own and daughter until she gets married.
Thus based on these fundamental principles, an unbiased and fair UCC can align with the Constitution. While explaining the reason for including Article 44 in the Directives Principes, it was on. When you want to consolidate a community, you have to take into consideration the benefits.
Need of uniform civil code
1. It Promotes Real Secularism
We have now in India is selective secularism which means that in some areas, we are secular, and in others, we are nat. A uniform civil ende means that all citizens of India have to follow the same laws, whether they are Hindus or Muslims or Christians or Siths. A uniform civil code does not mean it will limit people's freedom to follow their religion, and it just means that every person will be treated the same. That is real secularism.
2. All Indians should be Treated the Same. Right now, we have personal laws based on particular religions, which means that while Muslims can marry multiple times in India, a Hindu or a Christian will be prosecuted for doing the same. All the laws related to marriage, inheritance, family, etc., should be equal for all Indians. This is the only way to ensure that all Indians are treated the same.
3. It will provide More Rights to the Women
A uniform civil code will also help in improving the condition of women in India. Our society is extremely patriarchal and misogynistic, and by allowing old rigorous rules to continue to govern the family life, we are condemning all Indian women to subjugator and mistreatment. A uniform civil code will help in charging these age-old traditions that have no place in today's society where we do understand that women should be treated fairly and given equal rights
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4. Every Modem Nation has it
A uniform cell code the sign of a modern progressive nation is a sign that the nation has moved away from caste and religious politics; in fact, I might be right to say that socially and culturally, we have degraded to a point where we are neither modern nor traditional. A uniform civil code will help society move forward and take India towards becoming a developed nation.
A uniform civil code of an absolute necessity for individuals belonging to different religions and denominations is imperative for promoting national unity and solidarity. Thus, divergent religious ideologies must merge and culminate into common and unified principles and objectives, adhering to the true spirit of secularism. However, after more than 60 years of independence, the aspiration of a Uniform Civil Code remains unrealized.
The idea and principle of having a uniform chiel code, governing personal laws is to treat every person equally and so that fair and predictable laws protect everyone. Moreover, a uniform civil code would put in place a set of laws that would govem personal matters irrespective of religion, which is the commentone of secularism. It would enable to end of gender discrimination on religious grounds, strengthen the seculara fabric promote unity. India has set before itself the ideal of a secular society and in that context achievement of a uniform civil code becomes as the more desirable such a code will do away with diversity in matrimonial laws, simplify the indian legal system and make Indian society more homogeneous It will create a national identity and wil hep n containing tissparous tendencies in the country. The uniform civil code will contain uniform provisions applicable to everyone and based on social justice and gender equality in family matters
Merits of uniform civil code
• If a Common Civil Code is enacted and enforced It world help and accelerate national integration Overlapping provisions of law could be avoided;
• Litigation due to personal law world decrease
• Sense of oneness and the national spirit would be roused,
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