Relevance of Uniform Civil Code

Relevance of Uniform Civil Code

Main Examination: General Studies Paper 1 & 2

(Indian Society&Polity)

July 04, 2023

Reference:

  • In recent times, the issue of Uniform Civil Code has become a topic of discussion among the major political parties of the country.
  • Some political parties have come in support of Uniform Civil Code, while some are opposing it. Some parties say that they will decide their stand after its draft. It is becoming a major political issue amid ongoing debate about its social impact.

Foreword:

  • This issue is not a new subject at the level of law or constitution. UCC has been debated in the Constituent Assembly. The Supreme Court has several times directed the government to fulfill the wishes of the framers of the constitution and implement the UCC.
  • The framers of the Constitution had envisioned Uniform Civil Code through Article-44 in the Directive Principles, so that there would be uniform law for people of all religions and sects. Under Article-44, it has been said under the Directive Principles of Policy. Under this, the state will try to ensure that there is a uniform civil code for all citizens and efforts will be made to implement it across the country.

What is Uniform Civil Code?

  • Uniform Civil Code means having uniform law for every citizen living in India, irrespective of religion or caste. For all religions, the same law will apply in marriage, divorce and distribution of land-property. It means a fair law, which has nothing to do with any religion.
  • Its purpose is to eliminate discrimination or partiality with any particular class on the basis of religion.
  • At present the states have been empowered to make personal laws governing issues such as succession, marriage and divorce.
  • However, the central government in an affidavit filed in the apex court had said that it is the duty of the government to enforce the Uniform Civil Code for all the citizens of the country. For this, the government gave the details of the directive principles of the state policy present in the fourth part of the constitution.
  • Goa is the only Indian state where it is in force since the 19th century.

Why the need for Uniform Civil Code:

  • According to the Indian Constitution, people who believe in all religions and sects (such as Hindu, Muslim, Sikh, Buddhist, etc.) in India have the right to make laws related to their respective religions.
  • According to the Allahabad High Court, there are two types of personal law in India. The first is the Hindu Marriage Act 1956; Which applies to Hindu, Sikh, Jain and other sects.
  • Second, the Muslim Personal Law applicable to those who profess the religion of Islam. In such a situation, while the Hindu Marriage Act 1956 made under the provisions of the Indian Constitution is applicable for all other religions and sects except Muslims, then the same law is being implemented for the Muslim religion as well.

Related Benefits:

  • The Hindu Marriage Act was amended several times, while the Muslim Personal Law remained unchanged. For example, after the year 2005, under Hindu law, daughters also got the right in ancestral property. It is believed that the provision of Hindu Undivided Family (HUF) will end with the Uniform Civil Code. HUF is treated as a separate entity under the Income Tax Act.

Disadvantages:

  • Tribals are against this demand. Tribal organizations believe that due to this the identity of tribals will be in danger. Due to this, the laws giving protection of land to tribals can be repealed.
  • For example, in Jharkhand, two tribal laws like the Chhota Nagpur Tenancy Act and the Santhal Pargana Tenancy Act, which give protection to land, will be affected. The tribal laws have not even been documented yet. Some people have community property and not their own, so what will happen in that situation.
  • According to experts, India is a country where people of many religions and cultures live, so the UCC will affect not only Muslims, but also Hindus, Sikhs, Christians, Jains, Jews, Parsis and tribals.

Sharp protests in North Eastern states:

  • According to the 2011 census, 86.46 percent of the population in Nagaland, 86.15 percent in Meghalaya and 31.76 percent in Tripura are Scheduled Tribes. The tribal council in Meghalaya has passed a resolution opposing the implementation of the code. While introducing this proposal, the Khasi Hills Autonomous District Council has recognized that the UCC will have a negative impact on the customs, traditions, beliefs, heritage, freedom of marriage and religious matters of the Khasi community.
  • The Khasi community follows matrilineal rules. In this community, the youngest daughter of the family is considered the custodian of the property and the mother's surname is taken along with the names of the children. This community has got special rights in the sixth schedule of the constitution. Apart from this, the Nagaland Baptist Church Council (NBCC) and the Nagaland Tribal Council (NTC) have also raised concerns about the UCC.

Challenges:

  • It is a difficult task to fully prepare the leading minorities to accept this.
  • Lack of political will in the State Governments due to the complexity and sensitivity of the issue.
  • Politicization of Uniform Civil Code due to different personal laws of different religious communities.
  • Opponents of Uniform Civil Code argue that personal laws are derived from religious beliefs. He says that it is wise not to disturb them, as it risks creating great animosity and tension between different religious communities.
  • Also, India being a secular country guarantees its minorities the right to practice their own religion, culture and customs under Articles 29 and 30.

Significance of Uniform Civil Code:

  • It will integrate all the religions of India.
  • It will help in reducing vote bank politics.
  • A Uniform Civil Code will help the society move forward and lead India towards its goal of becoming a truly developed nation.
  • It promotes genuine secularism.
  • It is a sign of modern progressive nation.
  • It will help in improving the status of women in India.
  • It will create a more coherent legal system by integrating diverse personal laws.
  • It will reduce confusion among people about different religions
  • This will improve the implementation of the justice system
  • Administration tasks will become easier.

Some facts about it:

  • Uniform Civil Code is followed in many countries. These countries include Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Sudan, Egypt, America, Ireland, etc.
  • In all these countries there is a uniform law for all religions and there are no separate laws for any particular religion or community.

Suggestion:

  • A progressive and comprehensive outlook should be encouraged among the people to understand the spirit of Uniform Civil Code. For this education, awareness and sensitization programs should be run.
  • Uniform Civil Code should be drafted keeping in mind the best interest of all religions.
  • A committee of eminent jurists should be constituted to maintain uniformity.
  • Care should be taken not to hurt the sentiments of any particular community.
  • This matter is sensitive, so it should be initiated by the concerned religious groups.
  • Instead of using it as an emotional issue to gain political mileage, political and intellectual leaders should try to build a consensus.

Conclusions:

  • A Uniform Civil Code encourages people to treat everyone equally, irrespective of their religion, without restricting their freedom to practice their religion.
  • All Indians should be treated equally in the matter of all laws relating to marriage, inheritance, family, land etc.
  • To maintain the unity, integrity and sovereignty of the nation, the need of the hour is to have a Uniform Civil Code applicable to all religious communities.

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Mains Exam Question

  1. Write all the possible factors that prevent India from implementing a Uniform Civil Code for its citizens as specified in the Directive Principles of State Policy.
  2. There is no necessary connection between religion and personal laws on the one hand and civil law and personal law on the other are separate. In this context, mention the need for Uniform Civil Code and the challenges related to it.