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UNIFORM CIVIL CODE

Need / Significance of UCC

A. Promotes equality

  • Ensures equal legal status for all citizens, regardless of their religion or community.

B. Protection to vulnerable sections

  • Gender justice - protection from religious practices rooted in inequality- Unequal divorce provisions, male dominance in inheritance.

C. Sign of a modern progressive nation

  • Towards national integration - Reduce divisions arising from multiple personal laws based on differing religious principles.

  • Embolden democratic Civilization - As civil laws should operate independently of religious doctrines.

D. Simplification of laws

  • Brings clarity by streamlining complex and multiple laws related to marriage, succession.

  • Personal laws can sometimes reinforce communal tensions

E. Aligns constitutional framers vision

  • Reform-oriented : Eg. Ambedkar's Hindu Code Bill to modernise personal laws, which a UCC seeks to advance further.

  • Adheres to secularism : uniform civil laws rather than separate rules based on religion.

F. Reduces burden on judiciary

  • Minimises disputes arising from personal laws and religious practices, thus focus on broader issues.

Disadvantage / Against / Cons

  • Cultural diversity be compromised

  •  

    1. Efforts becomes reason for threat to territorial integrity of nation.

  • unified nation did not necessarily need to have “uniformity

  • secularism has meaning only if it assured expression of any form of difference

  • diversity, both religious + regional, may get subsumed u/d louder voice of majority.

  • If framers of C’ intended to have UCC, would have given exclusive jurisdiction to Parlin respect of personal laws, but in concurrent List.

Challenges / Issues

  • Diversity poses challenge

    • practically tough for a uniform rules for personal issues like marriage due to tremendous cultural diversity India across religions, sects, castes

  • Dilutes Freedom of Religion:

    • C.Assembly UCC provisions were outside scope of FRs and therefore UCC was made less important than freedom of religion.

  •  

     

    1. C’ itself protects local customs in Nagaland, Meghalaya, Mizoram.

  •   Tool of Majoritarianism:

    • Minorities fear - code will neglect their traditions & impose rules which will be mainly influenced by majority religious communities.

  •  

    1. Sensitive & Tough Task:

      • Reforming majority community’s laws is easier than those of minorities. Several Muslim countries, including Pakistan, able to reform Muslim laws but not laws of their minority communities.

     

Constitution / SC Judgement/ Committee

DPSP - Article 44

 SC - Shah Bano case – 1985 => 

  • Govt should move towards UCC

Government laws /  Initiatives

21st Law commission - “UCC-  neither necessary nor desirable at this stage”.

Role-models / Case Studies / Best Practices

Goan practice of a common civil code since Portuguese Civil Code of 1867

 

Way forward/ Ahead

  • codification of all personal laws so that prejudices and stereotypes in it could be tested on anvil of fundamental rights

  • reform current personal law should first be initiated by communities themselves.

 1. need is not one law rather many laws based on uniform principles of liberty, justice

Conclusion

  •  Personal laws were formulated in specific spatio-temporal context and not stand still in changed time and context. Having UCC will help society move forward based on modern constitutional value system - liberty, equality, justice.

  • Efforts to reconcile our diversity with universal arguments on human rights.

  • social transformation from diverse civil code to uniformity be in “Piecemeal” approach which starts with codification of all personal laws.

  •  

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Comments


  • Need / Significance / Impacts of UCC
    • substantiative equality - Art 14

    • vulnerable sections - Gender justice in divorce, inheritance

    • A progressive nation - National cohesion, democratic civilization

    • Simplify - Streamline complex, no Communal divisions

    • Constitutional vision - Ambedkar hindu code Bill , secularism

    • Burdenless Judiciary - focus broader issues.

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