The Uniform Civil Code ( UCC) is a proposal in India to formulate and implement personal laws of citizens. These laws are meant to be applied to all citizens equally regardless of their faith. This is mainly brought into notice, as in India, it isn’t uncommon for the personal laws of various communities to be governed by their respective religious scriptures. This promotes the diversion of Justice reforms and gives varied advantages to varied religious groups despite what might be deemed as ethical or acceptable. Implementation of a uniform civil code across the nation has attained mass approval despite some major criticism.

The Uniform Civil Code (UCC)

It is an important issue that revolves around guarding secularism in Indian politics and social spheres as it shall very well promote uniformity. These laws are differentiated from public law and wrap a plethora of social and cultural issues ranging from marriage, divorce, inheritance, adoption, and maintenance. It is also to be taken into notice that article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.

Yet, it is to be taken into account that recently, a petition has been filed in Supreme Court against Uniform Civil Code (UCC) on divorce and alimony.

Know about the Uniform Civil Code (UCC) in details: 

Uniform Civil code can be a boon to society:

Merits of Uniform Civil Code

Background:

The origin of the UCC dates back to colonial rule in India. This was back in time when the British Raj was at its peak. The British government submitted its report in 1835 focusing on the need for uniformity in the codification of Indian law. This was done about many significant crimes, evidence, and contracts. This also specified that specifically, the personal laws of Hindus and Muslims be kept outside of such codification.

The need for uniformity was severe, and the British took into account a plethora of recommendations to pass a bill. This was then adopted in 1956 as the Hindu Succession Act to amend and had the absolute power to codify the law relating to intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs.

However, this wasn’t the end of the crisis. There were also separate personal laws for Muslims, Christian, and Parsis.

To bring further uniformity and give the government an upper hand at governance, the courts have often firmly stated in their judgments that the government should move towards a UCC. There have been serious arguments placed against various religious laws like that of triple talaq and polygamy, which are known to impact adversely the right of a woman and their quest into the life of dignity.

The Centre has had a clear train of thought and has constantly raised the question of whether constitutional protection given to religious practices should be given the flexibility to extend beyond the ones that are not in compliance with fundamental rights.

Implications of Uniform Civil Code on Personal Laws:

The code shall help simplify the complex laws that barricade the realms of marriage ceremonies, inheritance, succession, adoptions, and other social issues that are a major issue spread across various sects. The same civil law will be put to effect and shall apply to all citizens irrespective of their faith.

Secularism is an objective enshrined in the Preamble. India recognizes itself as a secular republic. As a secular republic, a country must adhere to common law for all citizens rather than differentiated rules based on varied religious practices.

If the UCC is enacted, all personal laws shall cease to exist. It will do away with gender biases that are pretty predominant in the existing laws.

What we have right now in India can be widely termed as selective secularism. This simply breaks down to the fact that in some areas, we choose to be secular, and in others, we do not. A uniform civil code means that all citizens of India have to follow the same set of laws, whether they are Hindus or Muslims or Christians, or Sikhs.

This sounds fair and secular. It is also to be kept in mind that the uniform civil code doesn’t mean it will limit the freedom of people to follow their religion. It just means that every person will be treated the same concerning their crime or felony.

A uniform civil code shall help uplift the condition of women in India. There’s no sugarcoating the facts that our society has been and still is extremely patriarchal and misogynistic. We further reevaluate these customers by allowing old religious rules to continue to govern the family life. This is a way that unknowingly, we let society condemn a majority of all Indian women, making them susceptible to subjugation and mistreatment.

A uniform civil code shall help in eradicating these age-old traditions that have no place in modern-day society. There shall be no issues with getting the facts right that women should be treated fairly and given equal rights.

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