Uniform Civil Code: What is the UCC and the debate around it
The Uniform Civil Code (UCC) is a proposed legal framework in India that would codify and apply a set of uniform laws related to personal matters such as marriage, divorce, adoption, and inheritance to all citizens, regardless of their religion. The idea of having a common civil code for all Indians has been debated since the colonial era and was enshrined as a directive principle of state policy in Article 44 of the Constitution of India. However, the UCC has not been implemented till date due to various political, social and religious challenges.
Why do we need a UCC?
The proponents of the UCC argue that it would promote national integration, gender justice, human rights and secularism in India. They contend that having different personal laws based on religious scriptures and customs creates discrimination, inequality and conflicts among different communities. They also point out that some personal laws are outdated, patriarchal and oppressive to women and minorities. For instance, Muslim personal law allows unilateral divorce, polygamy and unequal inheritance rights for women. Hindu personal law does not recognize inter-caste marriages, adoption by single parents and live-in relationships. Christian personal law requires a minimum separation period of two years for divorce by mutual consent.
The supporters of the UCC also cite the examples of other countries that have adopted a uniform civil code or reformed their personal laws to make them more progressive and egalitarian. For example, Turkey, Tunisia, Morocco and Egypt have enacted secular family laws that grant equal rights to women and men in matters of marriage, divorce and inheritance. The Indian state of Goa is the only state in India that has a uniform civil code known as the Goa civil code, which is derived from the Portuguese civil code and applies to all Goans irrespective of their religion.
What are the challenges to implementing a UCC?
The opponents of the UCC argue that it would violate the fundamental right to freedom of religion guaranteed by Article 25 of the Constitution of India. They claim that personal laws are an integral part of religious identity and culture and cannot be imposed by the state. They also fear that a UCC would be dominated by the majority community and would undermine the diversity and pluralism of India. They assert that instead of imposing a uniform civil code, the state should respect the autonomy and consent of different communities to reform their own personal laws.
The critics of the UCC also highlight the practical difficulties and complexities involved in drafting and implementing a uniform civil code for a country as diverse as India. They question how a UCC would accommodate the variations and nuances of different personal laws, customs and traditions. They also raise concerns about the feasibility and acceptability of a UCC among various sections of society, especially women, minorities and marginalized groups. They suggest that rather than pursuing a UCC, the state should focus on ensuring better access to justice, education and empowerment for all citizens.
What is the way forward?
The debate on the UCC has been revived in recent years due to various judicial pronouncements, legislative initiatives and political statements. The Supreme Court of India has repeatedly urged the government to enact a uniform civil code to harmonize the diverse personal laws in India. The Law Commission of India has also submitted several reports on various aspects of personal laws and suggested reforms to make them more just and equitable. The ruling Bharatiya Janata Party has included the implementation of the UCC as one of its core promises in its election manifestos. However, there is no consensus or clarity on what form or shape the UCC would take or how it would be enacted.
The issue of the UCC is not merely a legal or constitutional one, but also a social and political one. It requires a dialogue and consultation among all stakeholders, including religious leaders, legal experts, civil society groups and ordinary citizens. It also requires a balance between tradition and modernity, between uniformity and diversity, between rights and duties. A UCC should not be seen as an imposition or coercion by the state, but as an aspiration or expression by the people. A UCC should not be driven by majoritarianism or communalism, but by humanism and constitutionalism. A UCC should not be a source of conflict or division, but a catalyst for harmony and integration.
Conclusion
The Uniform Civil Code is a long-standing and contentious issue in India. It has the potential to transform the personal laws of different communities and bring them in line with the constitutional values of equality, justice and dignity. However, it also poses several challenges and risks to the religious freedom, cultural diversity and social harmony of India. Therefore, the UCC should not be pursued as a political agenda or a legal mandate, but as a social reform and a democratic aspiration. The UCC should not be imposed from above, but evolved from below. The UCC should not be a one-size-fits-all solution, but a flexible and inclusive framework. The UCC should not be an end in itself, but a means to an end - that is, the welfare and well-being of all Indians.
Source:
(1) What is Uniform Civil Code in India? Know History, articles ... - adda247. https://currentaffairs.adda247.com/what-is-uniform-civil-code-in-india/.
(2) Uniform Civil Code - Wikipedia. https://en.wikipedia.org/wiki/Uniform_Civil_Code.
(3) Explained | The Uniform Civil Code - The Hindu. https://www.thehindu.com/news/national/explained-the-uniform-civil-code/article66105351.ece.
(4) Uniform Civil Code in India - NCIB. http://www.ncib.in/pdf/uniform-civil-code.pdf.
(5) Uniform Civil Code: Balancing Tradition and Modernity. https://www.drishtiias.com/daily-updates/daily-news-editorials/uniform-civil-code-balancing-tradition-and-modernity.
FAQ's
What is the main argument of UCC?
The main argument against the UCC is that it violates the constitutional freedom to practice the religion of choice, which allows religious communities to follow their respective personal laws.
What is the debate against the Uniform Civil Code?
Those who argue against the Uniform Civil Code are of the opinion that matters like marriage, divorce, maintenance, succession and so on are religious affairs and the Constitution guarantees freedom of such activities and therefore a Uniform Civil Code will be a violation of it.
What is the Uniform Civil Code UCC?
The Uniform Civil Code proposes to introduce laws that would apply to all citizens equally, irrespective of their religion, gender, caste, etc. The Uniform Civil Code essentially refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance, and succession.
What was the UCC in the Constituent Assembly debates?
The Constituent Assembly debated the Uniform Civil Code under Article 35. Mohammad Ismail from Madras moved the following proviso for addition to Article 33 which provided that 'any group, section or community of people shall not be obliged to give up its own personal law in case it has such a law'.
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