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The concept of a Uniform Civil Code (UCC) in India has been a topic of extensive debate and discussion for many years.
What is Uniform Civil Code (UCC)?
The Uniform Civil Code is a concept that aims to establish a single set of laws that govern personal matters such as marriage, divorce, inheritance, and adoption, applicable to all citizens regardless of their religious or cultural backgrounds. Currently, these matters are governed by different personal laws based on religious texts followed by various communities.
What does Indian Constitution say about UCC?
According to Article 44 of the Indian Constitution, which falls under the Directive Principles of State Policy, the state is encouraged to strive towards implementing a Uniform Civil Code for its citizens.
Articles 25 to 28 of the constitution ensure religious freedom for Indian citizens and allow religious communities to manage their own affairs.
Why India needs Uniform Civil Code?
Equality: The UCC emphasizes equal treatment for all citizens, regardless of their religious, cultural, or social affiliations. It upholds the principle that every individual should have equal rights and opportunities, irrespective of gender, religion, or any other discriminatory factor.
Unity in Diversity: In a nation that prides itself on unity in diversity, a uniform law for all citizens is imperative. Differentiated rules based on religious practices weaken the spirit of secularism. By implementing a UCC, India will foster a sense of oneness among its diverse population.
Empowering Women: Gender equality is a fundamental principle of a progressive society. Unfortunately, many religious laws such as triple talaq, documentary succession, and inheritance practices restrict the rights of women, promoting inequality. The UCC will break these barriers, ensuring equal treatment for women across all communities, and empower women to live with dignity and freedom.
Upholding Fundamental Rights: According to the Indian Constitution, each and every citizen is entitled to the enjoyment of all fundamental rights. However, some religious customs frequently conflict with these rights. The UCC will protect individual liberties and make sure that no tradition can violate citizens' fundamental rights.
Arguments for the Uniform Civil Code
Implementing a Uniform Civil Code will help integrate India by providing a common civil code of conduct for all citizens, regardless of their caste, religion, or tribe.
A UCC would lessen the influence of vote-bank politics that many political parties engage in during elections.
Religious personal laws often contain discriminatory provisions against women. A Uniform Civil Code would improve the condition of women in India by ensuring equal rights and protection for all.
Having uniform laws related to marriage, inheritance, family, land, etc., would ensure that all Indians are treated equally under the law.
A Uniform Civil Code does not restrict the freedom to practice one's religion. Instead, it ensures that every individual is subject to the same laws, irrespective of their religion, thereby promoting true secularism.
Arguments against the Uniform Civil Code
India's vast diversity in cultures and communities makes the implementation of a Uniform Civil Code complex, as different regions and communities have their own distinct customs and practices.
The compulsion of a uniform set of rules may infringe upon the constitutional right to freedom of religion, which allows individuals to follow their own religious beliefs.
Many people from different communities may not be willing to adopt secular laws separate from their personal laws. Imposing the traditions of one group upon others may be seen as unfair.
General laws already exist to protect human rights and address social obligations, such as laws prohibiting child marriage, which apply to all citizens regardless of personal laws.
Some argue that each religion has the right to govern various issues through its personal laws, and imposing a Uniform Civil Code may undermine this right.
States that want to implement UCC
Goa, with its existing Goa Civil Code, is considered a form of Uniform Civil Code due to its enforcement since the Portuguese era. The state of Uttarakhand has announced its intention to implement the Uniform Civil Code, while Assam's Chief Minister has emphasized the need for its implementation, particularly to ensure justice for Muslim women. The Uttar Pradesh government is seriously considering the implementation of the Uniform Civil Code, advocating for a common civil code that treats all citizens equally.
Implementing a Uniform Civil Code is a complex task that requires extensive discussions involving experts and the community at large. By promoting the Uniform Civil Code, we can take significant steps toward achieving equality, justice, and unity.
Written by Harshita Kumar
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