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16/11/20 21:41 PM IST

Uniform Civil code

What is Uniform Civil Code?

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. In other words we can say that it means one country one rule. 

The Law Commission of India notes that the tracts of the Constituent Assembly debates reveal a lack of consensus on what a potential uniform civil code would entail.While many thought the UCC would coexist alongside the personal law systems, others thought that it was to replace the personal law.There were yet others who believed that the UCC would deny the freedom of religion. It was this uncertainty that led it to be included in the Directive Principles of State Policy rather than the chapter on FundamentalRights in the Constitution.

It is the common set of governing rules for all citizens of India which refers to replace the personal laws (based on religious scriptures and customs). These laws are well-known for public law and cover marriage, divorce, inheritance, adoption, and maintenance. In fact, Goa has a common family law, thus being the only Indian state to have a uniform civil code and 1954 Special Marriage Act allows any citizen to marry outside the realm of any special religious personal law.

Why is Article 44 important?
 
The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.
Dr. B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus the Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44. It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.
 
Ambedkar in his speech in the Constituent Assembly had said, "No one need be apprehensive that if the State has the power, the State will immediately proceed to execute that power in a manner may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so."
The Law Commission of India notes that the tracts of the Constituent Assembly debates reveal a lack of consensus on what a potential uniform civil code would entail. While many thought the UCC would coexist alongside the personal law systems, others thought that it was to replace the personal law.
There were yet others who believed that the UCC would deny the freedom of religion. It was this uncertainty that led it to be included in the Directive Principles of State Policy rather than the chapter on Fundamental Rights in the Constitution.

The codification of personal laws have historically generated protests. The Hindu Code Bill, one of the foremost pieces of social legislation, had triggered enormous opposition.

When did the important amendment took place?

It is an alleged supposition that after the forbidding of triple talaq and quelling the uncommon status of Jammu and Kashmir under article 370, the following enormous move under Modi government's plan could be Uniform Civil Code.

During the period of August 2018, the Law commission presented a report "Change of Family Law". The report gives us the variety of Indian culture and how the more fragile areas of the general public must not be "dis-special" all the while. Which additionally implied the way that the commission managed laws that are unfair as opposed to giving a uniform common code which is neither important regardless attractive.

There is a firm conviction that the route forward may not be uniform common code yet the codification of individual laws, reminiscent of the way that that corrections in close to home laws so the shame and biases appended to them would become exposed and could be tried on the iron block of essential rights. This is a since quite a while ago settled certainty that the resistance had been slowing down the Uniform Civil code bill.

There have been various petitions with respect to the pressing need to the Uniform Civil Code so as to advance public combination just as sexual orientation equity, balance and pride of ladies. The petitions additionally point that the Uniform Civil Code would supplant the individual laws, in light of the sacred writings and customs of different strict networks, with a typical arrangement of rules administering each resident of the nation.

Where uniform laws are originated?

In 1840, the British Government had framed uniform laws for offences, facts, and agreements on the basis of the Lex Loci report, but personal laws of Hindus and Muslims were deliberately left by them somewhere. On the other hand, the British India Judiciary provided for British judges to implement Hindu , Muslim, and English rule. Reformers were also making their voices heard in those days to frame laws relating to women against the injustice they carried out essentially under religious traditions such as Sati, etc..
Constituent Assembly was set up to outline our Constitution in 1946 in Independent India which comprises of the two kinds of individuals
  • The individuals who needed to change the general public by receiving the Uniform Civil Code like Dr. B. R Ambedkar and
  • Other was essentially Muslim delegates who sustain individual laws. Likewise, the defenders of the Uniform Civil Code were contradicted by the minority networks in the Constituent Assembly. Subsequently, just one line is included the Constitution under Article 44 in Part IV of DPSP (Directive Principles of State Policy).
Making of the constituent assembly

It states that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India“. As it is incorporated in DPSP they are neither enforceable in the court nor any political discrepancy been able to go beyond it because minorities mainly Muslims felt that their personal laws are violated or abrogated by it. Then a 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, Jains as well as different religious denominations of Hindus) which allows right to divorce and inheritance to women, made caste irrelevant to marriage and abolished bigamy and polygamy.

Also, a mere three words regarding UCC not only affect our nation but are also enough to divide the nation into two categories due to which to take a decision on it becomes a little difficult. These three words are politically, socially, and religiously. Politically, the nation is divided as BJP propagates the implementation of the Uniform Civil Code (UCC) and the non-BJP like Congress, Samajwadi Party who don’t want to implement UCC. Socially, the literate persons of the country who have analysed the pros and cons of UCC & on the other hand illiterate who have no idea about it and being in hands of political pressure they will take decisions. And religiously, there is a gap between the Hindus that are in majority and the Muslim minority communities.

Who was Shah bano?

The Mohd. Ahmad Khan versus Shah Bano Begum and Ors. or on the other hand the Shah Bano case is viewed as one of the lawful achievements in the Muslim ladies' fight to ensure their privileges. It explained the degree to which courts can meddle in the Muslim Personal Law.

In April 1978, a 62-year-old Muslim lady documented an appeal in court requesting provision or upkeep from her separated from spouse Mohammed Ahmad Khan, a famous attorney in Indore, Madhya Pradesh. The two were hitched in 1932 and had five kids – three children and two girls.

Shah Bano requested upkeep for her and her five youngsters under Section 123 of the CrPC, which puts a lawful commitment on a man to accommodate his better half during marriage and after separation as well, on the off chance that she can't fight for herself. Nonetheless, Shah Bano's significant other challenged the case saying the Muslim Personal Law expected him to accommodate her just until the Iddat time frame.

Iddat is the holding up period a lady must see after separation before she weds another man. It is typically expected to most recent three months, yet is longer if the spouse is pregnant.

Khan's contention was upheld by the All India Muslim Personal Law Board (AIMPLB), which said the courts can't venture to meddle with laws spread out in the Muslim Personal Law (Shariat) Application Act, 1937.

After a progression of hearings, the Supreme Court, in 1985, decided that the CrPC (Code of Criminal Procedure) applies to all Indian residents paying little mind to their religion, and that it applied in Shah Bano's case as well. In addition, the zenith court expanded the divorce settlement total to be given to Shah Bano

How UCC matters to citizents?

As of now, as we approach the year's end 2019, the chance of the Parliament proclaiming a UCC poses a potential threat on the country's commonwealth; maybe there is a superior possibility of its traversing now, with the majoritarian government, supported by a huge late command, immovably in the seat. Endeavors in the ongoing past have not borne organic product. In the Muslim people group, the  All India Muslim Personal Law Board  (AIMPLB) is certain that it will contradict any endeavors to receive a UCC. It is the AIMPLB that had composed tension on the Rajiv Gandhi government in 1986, in the consequence of the positive choice in Shah Bano, to embrace The Muslim Ladies' (Insurance of Rights and Separation Act), Article 5 of which permits a negligible add up to be paid to the separated from spouse for a time of a simple three months. At that point, it was a significant advance in reverse for the nation, however a lobbyist legal executive had maintained huge standards of law that ought to have been acknowledged.

However, the ongoing Demonstration of Parliament delivers all announcement of talaq to be void, particularly with regards to the talaq-I-biddat (where pronouncement of talaaq thrice in one sitting by a Muslim man to his better half outcomes in moment and unavoidable separation),found approval in most places, including Muslim women, though clerics of the community still protest. Meanwhile, other Muslim Personal Law Boards were also created, two led by women. Some Muslim women have been vocal against these personal communalist laws and even seek the UCC. There is, however, some scepticism even amongst the majority community and these views come through when, as we have seen, the 21st Law Commission itself, the tenure of which has expired in August last year, said in its consultation paper of August 31, 2018, that it is not time yet for the adoption of the Code

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