Uniform Civil Code(UCC) Part1

Uniform Civil Code

A uniform civil code (UCC) is a proposal to replace the different laws that currently apply to different religious communities in India. The Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, and Indian Divorce Act, as well as the Parsi Marriage and Divorce Act, regularly dispute with one another.

The Indian Supreme Court acknowledged the demand for a uniform civil code back in October 2015.They maintained that if each religion were allowed to handle particular situations in line with its own set of laws, there would be a tremendous lot of confusion. The court firmly disagreed with this idea and believed that such matters should be decided through court decrees. Then in November 2016, a British Indian intellectual named Tufail Ahmad presented a 12-point draft document for the UCC, noting that no significant progress had been made by the government since 1950.

A uniform civil code, according to the Law Commission of India, was neither essential nor desirable at that time, it was claimed in a consultation document published in August 2018.

 They argued that the principle of secularism should not contradict the diverse traditions and customs prevalent in the country. More recently, on June 14, 2023, the 22nd Law Commission of India invited input from religious organizations and the public regarding the implementation of a Uniform Civil Code. They allowed interested individuals to share their opinions within a 30-day timeframe.

Before India gained independence, there were different considerations for marriages, such as socio-economic status, jati, and gotra. Over time, laws like the Hindu Code Bills and other Acts were introduced to eliminate such practices in Hindu, Jain, Sikh, Buddhist, Parsi, and Christian communities. However, some conservative groups within these communities have been pushing for amendments to their Marriage Acts.

Critics of the UCC argue that it threatens religious freedom and view the elimination of religious laws as contrary to the idea of secularism. They said that the Bharatiya Janata Party , despite seeming progressive, discriminates against Muslims through the UCC. On the other hand, BJP members argue that they support the UCC to promote religious equality and equal rights for women by addressing unfair religious laws.

Instead of implementing a uniform civil code, legal experts and rights groups suggest amending laws that discriminate against genders. They propose focusing on specific laws, such as the Protection of Women from Domestic Violence Act, 2005, which already applies to women of all communities without the need for a uniform civil code.

Legal status and prospects

The Bharatiy Janata Party has included the implementation of a uniform civil code in both its manifestos for the 1998 and 2019 elections. In November 2019, a member named Narayan Lal Panchariya introduced a bill in Parliament to kickstart the process. However, due to opposition protests, the bill was quickly withdrawn to make necessary amendments. Another attempt was made in March 2020 by Kirodi Lal Meena, but unfortunately, the bill was not reintroduced. , . It’s fascinating to see how political parties navigate their internal dynamics while still exploring important measures like the uniform civil code.

In an effort to move things forward, a plea was filed in the Delhi High Court requesting the establishment of a judicial commission or an expert committee to direct the central government in preparing a draft of the UCC within three months. In April 2021, there was a request to transfer the plea to the Supreme Court to ensure consistency across India, as similar pleas were being filed in various high courts. The plan was to publish the draft on a website for 60 days to encourage extensive public debate and gather feedback.

Which Indian state has a uniform civil code?

 Goa is the only one with a UCC that treats everyone equally, regardless of their caste, gender, or religion? It’s quite remarkable! In Goa, they have what’s called a common family law that governs important aspects of life like marriage, divorce, and succession. The best part is that this law  equally applies to all people who belong to  Hindu, Muslim, and Christian backgrounds. So, regardless of your faith, you can find a sense of unity and fairness in the legal system of Goa

What is the Uniform Civil Code?

The Uniform Civil Code  is a proposal to create a unified law that applies to all religious communities in India. It would cover important aspects of life like  marriage, divorce, inheritance, and adoption etc. The Uniform Civil Code is based  on Article 44 of the Constitution, which motive to establish a uniform set of laws that would be applicable across the entire country.

The Uniform Civil Code has been a subject of intense political debate for more than a hundred years and continues to be a prominent agenda for the Bharatiya Janata Party . The BJP has been actively advocating for the implementation of the UCC in the Parliament, putting forward the idea as a priority.

The goal of the UCC is to make sure that everyone, regardless of their religious background, is governed by the same set of laws in matters concerning personal life. This proposal has generated considerable discussion and differing opinions among various political parties and communities in India. In fact, the BJP was the first party to promise the introduction of the UCC, and it was included in their 2019 Lok Sabha election manifesto.

Why is Article 44 important?

Article 44, which is part of the Directive Principles of the Indian Constitution, holds great significance. It seeks to address discrimination against vulnerable groups and promote harmony among diverse cultural communities across the nation. Dr. Bhimrao Ambedkar, one of the key framers of the Constitution, who believed that while a Uniform Civil Code was desirable, it should be voluntary for the time. Hence, Article 44 was included in the Constitution as part of the Directive Principles, to be implemented when the country is ready and there is social acceptance of the UCC.

In his speech to the Constituent Assembly, Dr. B R Ambedkar wanted to assure everyone that the government would respect the beliefs and practices of all religious communities. He emphasized the need for wisdom and prudence in governance, stating that it would be unwise for the government to impose practices that could be objectionable to any particular religious group. Ambedkar’s intention was to promote a sense of fairness and ensure that the government acted with sensitivity and respect towards the diverse religious sentiments of the people. His words reflected a commitment to uphold religious freedom and create an inclusive society where everyone’s beliefs are valued and protected.

Origin of the Uniform Civil Code

The roots of the UCC can be traced back to colonial India, when the British government recommended uniformity in the codification of Indian law, except for the personal laws of Hindus and Muslims, as mentioned in their 1835 report.

 In 1941, the B N Rau Committee was formed to examine this need. Based on scriptural references, the committee recommended a codified Hindu law that would provide equal rights to women. This led to the Hindu Succession Act of 1956, which reformed Hindu personal law and granted women greater property rights and ownership. It also brought changes to the rules of succession, ensuring equal shares for daughters and sons.

Difference between civil laws and criminal laws

 Criminal laws in India are the same for everyone, regardless of their religious beliefs, civil laws are not same for everyone civil laws influenced by religious customs and traditions. Personal laws, which govern civil matters, have traditionally been implemented based on religious texts while also adhering to constitutional principles.

Understanding personal laws

Personal laws are laws that apply to specific religious communities and are derived from their customs, beliefs, and religious texts. In Hinduism, personal laws cover various legal aspects such as inheritance, succession, marriage, adoption, maintenance, and more. Same as, in Islam, personal laws pertain to matters like marriage, guardianship, divorce, and inheritance, among others.

What will the Uniform Civil Code achieve?

The motive of the UCC is to give equal protection to society, including women and religious minorities, while fostering a sense of national unity. Once it is applied, the UCC will simplify the already available separate and complex laws based on religious beliefs, such as the Hindu Code Bill and Shariat law. It will streamline marriage ceremonies, inheritance rights, succession rules, and adoption procedures, making them consistent for all citizens. The same civil law will be applicable for everyone, irrespective of their religious background.

MORE READING :- Private Defense