UNIFORM CIVIL CODE

The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would apply to all religious communities in matters such as marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.

Article 44 of the Indian Constitution states that “the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” The desirability of a uniform civil code is consistent with human rights and the principles of equality, fairness, and justice. After the revocation of Article 370, the central family law Acts were extended to Jammu and Kashmir. Although this is another step towards implementing UCC throughout India, still a long distance is to be covered in this pursuit.

Beginning of uniform civil court

The uniform civil court becamea flashpoint in Indian politics in 1985 during the Shah Bano case. The Supreme Court had held that Bano, a Muslim woman, should get alimony from her ex-spouse. In this context of that judgment, the court has said a uniform. Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic. The demand for a uniform code was first put forward by women activists at the beginning of the twentieth century, with the objective of women’s rights, equality and secularism. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows. In 1956 the Indian Parliament passed the Hindu code Bill amidst significant opposition. Though demand for a uniform code was made by Prime minister Jawaharlal Nehru, his supporter, and women activists, they had to finally accept the compromise of it being added to the Directive principles because of heavy opposition

INDIAN CONSTITUTION ON UNIFORM CIVIL CODE

The constitution has a provision for a Uniform civil code in Article 44 as a directive principle of state policy which states that The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. There are several cases where the supreme court has referred to Article 44 and the legislature in the implementation of the directive. Article 44 of the constitution calls upon the state to endeavor towards securing a uniform civil code throughout the territory of India. It falls within part 4 of the constitution titled Directive principles of state policy and is understood as exhortations to the state to be kept in mind while governing the country.

UCC AND ITS IMPLICATIONS

Protection to Vulnerable Section of Society: The UCC aims to protect vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervor through unity.

Simplification of Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then apply to all citizens irrespective of their faith. When enacted the code will work to simplify laws that are segregated at present based on religious beliefs like the Hindu code bill, Sharia law, and others.

Adhering to the Ideal of Secularism: Secularism is the objective enshrined in the Preamble, a secular republic needs a common law for all citizens rather than differentiated rules based on religious practices.

Gender Justice: India has separate sets of personal laws for each religion governing marriages, divorce, succession, adoption, and maintenance. However, the rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example. If a uniform civil code is enacted, all personal laws will cease to exist. It will do away with gender biases in Muslim law, Hindu law, and Christian law that have been often challenged by women on the ground that they violate the right to equality.

Practical difficulties – India is a country with diversity in religion, ethnicity, castes, etc. Hence it is practically not feasible to come up with uniform rules for personal issues like marriage due to cultural diversity. It is also difficult to convince every community to replace their age-old traditions with a new law.

Violation of religious freedom – UCC is considered by religious minorities as an encroachment on their rights to religious freedom. They fear that their traditional religious practices will be replaced by the rules and diktats of majority religious communities.

The state should not interfere in personal matters – The constitution provides for the right to freedom of religion of one’s choice. UCC would violate that right.

Sensitive and difficult task – UCC in its true spirit must be created by borrowing from various personal laws, making gradual changes in each, issuing judicial pronouncements, assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession. These are daunting tasks for human resource-wise. Moreover, the government should be sensitive and unbiased at each stage while dealing with the majority and minority communities. Otherwise, it might lead to communal violence.

      Time is not suitable yet – There are already controversies over the beef ban, saffronisation of school and college curriculum, love jihad, etc. At this time, the introduction of UCC would only make things worse as it would make Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies.

CONCLUSION

At last, I would like to conclude that citizens belonging to different religions and denominations follow different property and matrimonial laws which is not only an affront to the national unity but also makes one wonder whether we are a sovereign, secular republic or a loose confederation of the federal state where people live at the whims and fancies of mullahs, bishop and pandits. I strongly support the crusade for the implementation of the UCC and homogenizing the personal laws. I support it, not because of any bias, but because it is a need of the hour. It is high time that India must have a uniform law dealing with marriage, divorce, succession, inheritance, and maintenance. Uniform Civil Code is a must for a country where secularism is given great prestige in resolving outrageous problems of the nation.

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