The Uniform Civil Code (UCC) advocates for the formation of uniform legislation for India that would apply to all religious groups on issues such as marriage, divorce, inheritance, and adoption. The law is based on Article 44 of the Constitution, which mandates that the government must endeavor to guarantee that Indian citizens have access to a single civil code.
The goal of Article 44 of the Indian Constitution’s Directive Principles was to address discrimination against vulnerable groups and to bring disparate cultural groupings together across the country. While drafting the Constitution, Dr. B R Ambedkar remarked that while a UCC is desirable, it should remain voluntary for the time being, hence Article 35 of the drafting Constitution was inserted as Article 44 to the Directive Principles of State Policy in Part IV of the Indian Constitution. It was written into the Constitution as a condition that would be met when the nation was ready to embrace it and the UCC could gain social support.
ORIGIN OF UNIFORM CIVIL CODE: When the British administration produced a report in 1835 emphasizing the need for consistency in the codify of Indian law relating to crimes, evidence, and contracts, and particularly suggesting that personal laws of Hindus and Muslims be left out of such codification, the UCC was born.
In 1941, the government formed the B N Rau Committee to codify Hindu law due to an increase in legislation dealing with personal concerns at the end of British rule. The Hindu Law Committee was tasked with examining whether or not there was a need for common Hindu laws. According to Vedas, the committee advocated a codified Hindu rule that would grant women equal rights. The committee looked at the 1937 Act and concluded that Hindus have a civil law of marriage and succession.
HINDU CODE BILL: The Rau Committee report was presented to a select committee chaired by B R Ambedkar in 1951, shortly after the Constitution was adopted, for consideration. The Hindu Code Bill expired as negotiations proceeded, and it was reintroduced in 1952. The Hindu Succession Act was passed in 1956 to modify and codify the laws governing Hindus, Buddhists, Jains, and Sikhs’ intestate or unwilled succession. The Act changed Hindu personal law, giving women more property rights and ownership. It granted women ownership of their father’s estate.
For a man who dies intestate, the general principles of succession under the Act 1956 are that heirs in Class I succeed before heirs in other classes. In 2005, the Act was amended to include more descendants, elevating females to Class I heirs. A daughter is given the same share that a son is given.
WHAT EFFECT WILL THE UNIFORM CODE HAVE?: The UCC attempts to safeguard disadvantaged groups, including women and religious minorities, as envisioned by Ambedkar, while simultaneously boosting nationalistic ardor via unity. The code, once enacted, will attempt to simplify laws that are currently divided based on religious views, such as the Hindu code bill, Shariat legislation, and others. The code will make the intricate laws governing marriage ceremonies, inheritance, succession, and adoptions more understandable and applicable to everyone. All citizens, regardless of their faith, will be subject to the same civil law.
CONCLUSION: The codification of uncodified laws will not be the exclusive purpose of an all-encompassing UCC. It will also result in the repeal of discriminatory clauses in Hindu, Muslim, Christian, and Parsi laws affecting adoption, succession, inheritance, guardianship, marriage, divorce, and maintenance. Although India has a history and culture of tolerating and accommodating diversity, a diversity that leads to discrimination against women is not a good thing.
BIBLIOGRAPHY: https://www.indiatoday.in/news-analysis/story/uniform-civil-code-journey-destination-features-1839110-2021-08-10
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