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Thursday, October 31, 2024

Uniform Civil Code

Posted in: Civil Laws
Sun, Nov 14, 21, 23:35, 3 Years ago
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In this article you can read about uniform civil code (UCC),know about its importance and why we need it.

Uniform Civil Code
Article 44 of the Directive Principles in the Constitution says the “State shall endeavor to provide its citizens a uniform civil code (UCC) throughout the territory of India.” The objective of the endeavor Should be to address the discrimination against vulnerable groups and harmonize diverse cultural practices.

In simple words, the Uniform civil code is a single law, applicable to all citizens of India in their personal matters such as marriage, divorce, custody, adoption, and inheritance.

History of uniform civil code
The British Government in 1840 on the basics of Lex loci report had framed Uniform laws for crimes, evidence, and contract but personal laws of Hindus and Muslims are left somewhere intentionally. On the other hand, Judiciary provided for the application of Hindu, Muslim, and English laws by the British Judges. Also, in those days, reformers raised voices to frame laws related to women against the discrimination done by them basically under religious customs like sati, triple talaq, etc.

After that Constituent Assembly was set up to frame our Constitution In 1946 in Independent India which consist of both types of members: those who wanted to reform the society by adopting the Uniform Civil Code like Dr. B. R Ambedkar and other was basically Muslim representatives who perpetuate personal laws. Also, the proponents of uniform civil code were opposed by the minority communities in the Constituent assembly.

As a result, only one line is added in the Constitution under Article 44 in part of DPSP (Directive Principle of State Policy). The stand taken by B.R. Ambedkar in the Constitution Assembly debates has survived the years. Dr. Ambedkar had said a UCC is desirable but for the moment should remain voluntary.

So the history of the Uniform civil code is long and wide. But why it is important now?
As India has diversity and has a different religion, caste, creed, or gender. In different regions of the country, they have their own law and custom. Like Hindu law ( Hindu Marriage Act 1955), Muslim law (Muslims personal laws(Sharia) Application act 1937), Christian law, Parsi law (Parsi Marriage and Divorce Act 1936).

All are having different rules for the same purpose. Like in Hindu law Bigamy is void and While in Muslim law it is valid. So why are there different laws for the same purpose? There are laws that are Prejudiced and most of the time, women have to suffer from this kind of law. For someone that same thing is valid and for someone it is void.

Then why this discrimination on the same ground situation? And it is ironic that although the constitutional status of India is secular, which talks about faith and equal rights in all religions, but in a secular country, there is no uniformity regarding the law.

There should be One Nation- One law so there will be smooth functioning of law. Everyone should get equal treatment before law regard to his/her Personal law of religion, caste, creed, and region, etc. It keeps the country as one and makes all of us united.

Obstacles in enforcing Uniform Civil Code:
There are various obstacles in enforcing UCC and one of them is Article 25. Article 25 states Freedom of conscience and free profession, practice, and propagation of religion.

Others are religious beliefs, Different religions having different religious faiths which are based on the basic practices of the religion causes difficulty in implementing a basic platform of practices for every religion.

The most significant issue is the unawareness of people regarding the objects of UCC, and the reason for such unawareness is the lack of education, fake news, irrational religious beliefs, etc

Solutions:
Need to spread awareness about UCC, what it is all about, and how it can help society as a whole. Government should create a mechanism so that it gets easy to understand what it is all about and they can know the value of it. Unity is the major factor, We all should work as One Nation, follow one law that helps our nation. Government should employ a group of people who are facing queries related to UCC and clear their doubt and take their views on that.

In the End
As Common Civil Code would put in place a set of laws to govern personal matters of all citizens irrespective of religion is perhaps the need of the hour. In fact, it is the cornerstone of secularism. Such a progressive reform would help end discrimination against women on religious grounds and strengthen the secular fabric of the country and promote unity. There is a need to reform our social system, which is full of inequities, discrimination, and other things, which conflict with our Fundamental Rights. Uniformity will lead to unity and lead the country towards a developed country.

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