Is Uniform Civil Code really needed ?

Uniform civil code

Uniform civil code is undoubtedly one of the most debatable topic, which can basically be derived from Indian constitution which mandates to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. Mainly their personal laws like laws of marriage, divorce , adoption , maintenance.

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. In almost India there is no state to apply these special provisions but In Goa which is the only state which has a common family law and 1954 Special Marriage Act allows any citizen to marry outside the realm of any special religious personal law.

The British Government in 1840 on the basis of Lex Loci report had framed many laws bit personal laws were left out intentionally. This era many reformers were raising voice for the for making laws against the women discrimination like sati etc. so the formation of many laws were done and they refuting themselves would result in the proper dysfunctioning ,which they knew, at the panchayat level .

Then comes the period of 1946 where B.R Ambedkar the chairman of the constitution assembly wants to regulates all these personal laws by uniform civil code but some minority groups and communities like of Muslims protested against it, As a result only one line is added in the Constitution under Article 44 in Part IV of DPSP. The main reason was minority mainly Muslims felt that minorities mainly Muslims felt that their personal laws are violated or abrogated by it.

As the secondary result of these the series of Bills were passed to codify Hindu laws in the form of Hindu Marriage Act, 1955, The Hindu Succession Act, 1956, The Hindu Minority and Guardianship Act, 1956 and the Hindu Adoption and Maintenance Act, 1956, are collectively known as Hindu Code Bill (covers Buddhist, Sikhs, Janis as well as different religious denominations of Hindus). On the other hand, Muslim personal laws are still primarily unmodified and traditional in their content and approach. The Shariat law of 1937 governs the personal matters of all Indian Muslims in India. It clearly states that in matters of personal disputes, the State shall not interfere and a religious authority would pass a declaration based on his interpretations of the Quran and the Hadith.

Some merits of UCC are that it applies this would keep us integrated. No one feel discriminated because he or she comes from another religion. Uniform Civil Code will provide women with the right to equality and justice in courts of law- irrespective of their religion in matters pertaining to marriage, divorce, maintenance, custody of children, inheritance rights, adoption, etc. A unified code is imperative, both for the protection of the vulnerable sections in Indian society(women and religious minorities) and for the promotion of national unity and solidarity.

Some of the demerits are that Due to diversity in India it is somewhere tough to come up with a common and uniform set of rules but our Government is trying to come up with common rules. also, In personal matters, interference of state. As the constitution provides for the right to freedom of religion of one’s choice. But with the codification of uniform rules and it compulsion may reduce the scope of the freedom of religion but altogether UCC is tough task but not impossible.

Categories: Editorial, Education

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