Uniform Civil Code

The Law Commission of India asked the public for opinions and recommendations on the UCC. UCC has been a controversial and political issue in India. The law overrides the UCC if it is not necessary or necessary. The UCC proposes to replace the individual rights of a religious group with many rights that apply to all citizens. 

Article 44 of the Indian constitution refers to the Uniform Civil Code which is a part of the State Constitution.

These principles are not legal, but are intended to guide national law.

While supported by some as a way to promote national unity and gender justice, it is opposed by others as a threat to religious freedom and diversity.

The only state in India with UCC is Goa, which, after its liberation from Portuguese rule in 1961, retained the family law called the Goa Civil Code.

Other parts of India apply different personal laws based on their religion or community.

Personal Law in India

Currently, not only Muslims, but also Hindus, Jains, Buddhists, Sikhs, Parsi and Jews are governed by their own laws.

Personal rights are determined according to Sharia. The Hindu identity reform law also includes certain practices. There is a difference when Hindus and Muslims marry according to the Special Marriage Law, Hindus are still governed by Hindu personal laws but Muslims are not. What are the issues with using

UCC

Diversity Personal Laws and Customary Practices India is a country with many different religions, cultures and traditions.

Each community has its own laws and customs governing public affairs.

These laws and practices vary by region, tribe, and tribe.

It is very difficult and difficult to find roots and unity in this variety.

Also, many personal rights are not recorded or recorded, but verbal or written, and they are often vague or inconsistent.

Religion and Minorities

Many religious groups and minorities believe that UCC violates their freedom of religion and worship. 

They fear that UCC will pass large or homogeneous laws that will ignore their identities and differences.

They also argued that the UCC would violate religious freedom and their constitutional rights under Article 25, which guarantees freedom of religion, worship and expression.

Lack of political choice and approval

Lack of political choice and approval of government, legislature, judiciary, and civil society to initiate and implement the UCC. 

There are also concerns that UCC could lead to confusion and conflict.

Complex and complex concept

UCC requires standardization, codification, harmonization and harmonization of various personal laws and practices in India.

This applies to religious leaders, experts, women's organizations etc. It requires extensive discussion and collaboration among various stakeholders, including Article

It is also necessary to have strong control and knowledge of the process to ensure that people comply with the UCC.

What are the advantages of the UCC

National Integration and Secularism

UCC will promote national integration and secularism by building identity and understanding among all citizens.

It will also reduce social conflicts and conflicts arising from different personality rights. will uphold the laws of equality, social relations and the dignity of all people.

Gender Justice and Equality

UCC will ensure gender justice and equality by eliminating discrimination and oppression against women based on various individual rights. 

Marriage, divorce, inheritance, adoption, alimony and so on. will ensure equal rights and status in matters of will support women and fight cultures and traditions that violate their fundamental rights.

Law simplification and rationalization

UCC will simplify and rationalize the legal process by removing the complexity and contradictions of many individual laws. Will ensure harmony between civil law and criminal law by eliminating the contradictions and inconveniences arising from various personal rights.

This will ensure that the law is applicable and understandable to the public.

Modernization and replacement of legacy and retrospective practices

UCC will modernize and replace legacy practices and retrospective practices contained in certain personal laws. 

Such as, triple talaq, polygamy, child marriage, etc. It will eliminate practices that violate human rights and values ​​in the Indian Constitution, such as

It will also change to change the reality and thoughts of the people. 

What are the essential requirements of Section UCC?

1.Shah Bano Begum v. Mohammad Ahmed Khan (1985)

Even after the end of Iddat, the Supreme Court upheld the right of Muslim women to seek alimony from their husbands under Article 125 of the Penal Code.

He also said that the UCC will help resolve will-based disputes.

2.Sarla Mudgal v. Union of India (1995)

The Supreme Court ruled that a Hindu man cannot convert to Islam and marry another woman without breaking his first marriage. He also said that UCC will prevent fraud and polygamy.

3.Shayara Bano - Union of India (2017)

Supreme Court declared that triple talaq practice is unconstitutional and violates the dignity and equality of Muslim women.

He also recommended that the government pass a law regulating Muslim marriage and divorce. Chapter

How should we go to the future?

Unity and Unity

suggested that UCC should reflect and preserve Indian diversity.

Unity is more important than unity. The Constitution of India allows for integration and restricts various practices to accommodate different cultures.

Stakeholder consultation and decision-making

In addition, many stakeholders are involved in the development and implementation of UCC, including religious leaders, experts and community representatives.

This helps ensure that the UCC takes into account the different views and needs of different groups and that all citizens see it as fair and legitimate. 

Establishing the Balance

The purpose of Article of the Constitution should only be to eliminate unlawful practices. Leadership should be based on the goals of gender equality and justice. 

Group should avoid promoting the culture of different communities.

Muslim clerics should lead the reform process of Muslim identity by identifying the issues of discrimination and oppression and deciding on a deal.

Constitutional View

The Constitution of India promotes individual leadership and objective leadership.

Article 29(1) preserves the distinctive culture of all citizens.

Muslims should ask whether practices such as polygamy and one-sided arbitrary divorce are compatible with their values.

Emphasis should be placed on achieving standards of justice that promote equality and fairness.

Uniform Civil Code Debate

Historical perspective– The debate for a uniform civil code dates back to the colonial period in India.

1.Pre-Independence (colonial era)

The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.

The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.

So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.

2.Post-Colonial era (1947-1985)

During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.

Some of the reforms of this period were:-

The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.

Succession Act- The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005

• The Hindu Marriage Act
• Minority and Guardianship Act
• Adoptions and Maintenance Act

Way Forward for UCC

India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.

Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.