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Polity & Governance
Mahesh

31/10/22 13:27 PM IST

Uniform Civil Code(UCC)

In News 
  • A Uniform Civil Code (UCC) is one that would provide for one personal civil law for the entire country. This would be applicable to all religious communities in their personal matters.
Constitutional Provisions 
  • Article 44, one of the Directive Principles of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
  • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Arguments in favor 
  • Common Code would enable uniform civil principles to be applied to the entire Nation.
  • If and when the whole population will start following the same laws, chances are there that it would bring more peace to the living and reduce riots.
  • UCC would help end gender discrimination and overall discrimination on religious grounds and strengthen the secular fabric of the nation.
  • Therefore UCC could bring all communities together to ensure Women the Right to a dignified life and control over their life as well as body.
  • A rational common and unified personal law will help eradicate many evil, unjust and irrational customs and traditions prevalent across the communities.
  • For example, Law against Manual scavenging. It might have been a custom in the past but in a mature democracy like India, this custom cannot be justified.
  • UCC would make it easy to administer the huge population base of India.
  • Historically, not all Muslim communities were demanding separate laws- Few the Muslim communities like the Khojas and Cutchi Memons did not want to submit to separate Muslim Personal Law.
Arguments against UCC 
  • Indian society has a unique identity in the form of its being diverse and multicultural, and unified law might do away with these unique characteristics of this nation.
  • Religious bodies oppose a uniform civil code on the ground that it would be interference in religious affairs which would violate fundamental rights guaranteed under Article 25 of the constitution.
  • It would be a tyranny to the minority and when implemented could bring a lot of unrest in the country.
  • The All India Muslim Personal Law Board stated that the laws pertaining to marriage and inheritance were part of religious injunctions for ages.
Way Forward 
  • Only those elements of customs and traditions should be brought into a unified law that causes injustice to individuals.
  • There are some good and equitable provisions in personal laws, which are worth incorporating into the unified law.
  • Good customs and traditions should be protected to preserve the indigenous culture associated with them. It will help India protect its strength i.e. unity in diversity.
  • Codification of all personal laws as suggested by the Law Commission.
  • By codification of different personal laws, one can arrive at certain universal principles that prioritize equity rather than the imposition of a Uniform Civil Code.
  • To resolve the contentious issues like UCC, common consensus of all the stakeholders is needed.
Source- Indian Express 

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