Context
In his 11th Independence Day speech, PM Modi called for a Uniform Civil Code (UCC), naming it as a “Secular Civil Code” as distinct from the existing “communal civil code”.
About
- A Uniform Civil Code refers to the provision of one law for the entire country, applicable to all religious groups, in their personal subjects along with marriage, divorce, inheritance, adoption, etc.
- Currently, separate personal legal guidelines are observed for the individuals of different primary religions.
- The Supreme Court in 2019 hailed Goa as a “shining instance” of an Indian State which has a functioning UCC.
Constitutional Provisions
- Article 44 contained in component IV of the Constitution says that the country “shall endeavor to secure for the citizens a uniform civil code at some point of the territory of India”.
- Part IV of the Constitution outlines the Directive Principles of State Policy, which, even as no longer enforceable or justiciable in a court of law, are essential to the country’s governance.
UCC in India
- UCC in Goa: It follows the Portuguese Civil Code of 1867, which means that people of all religions in Goa are issued the same laws on marriage, divorce, and succession.
- The Goa Daman and Diu Administration Act of 1962, which was handed after Goa joined the union as a territory in 1961, gave Goa permission to use the Civil Code.
- States like Gujarat, Madhya Pradesh and Assam have expressed their willingness to follow the UCC, none have officially followed it.
Arguments in desire of UCC
- Uniformity in Governance: Having a commonplace set of legal guidelines could streamline governance and administrative methods, making it less complicated for the state to administer justice and ensure the rights of its citizens.
- Women’s Rights: Personal legal guidelines in specific religions may also have discriminatory provisions, in particular against women, and a uniform code will offer a more egalitarian criminal framework.
- Secularism: A Uniform Civil Code is visible as a manner to boost the secular fabric of the country by treating all residents equally no matter their religious affiliations.
- International Image: Implementing a UCC may decorate India’s international picture via demonstrating a dedication to principles of equality, secularism, and human rights.
- The Supreme Court in numerous judgments including Mohd. Ahmed Khan vs Shah Bano Begum judgment of 1985, is known for the implementation of the Uniform Civil Code.
- Promote national Spirit: The implementation of a UCC will promote the integration of India by organising a shared platform for numerous communities.
Arguments against UCC
- Plurality in present legal guidelines: Experts argue that if there is plurality in already codified civil and criminal laws, how can the idea of ‘one nation, one law’ be carried out to various personal legal guidelines of numerous communities.
- Issues with implementation: The implementation of the code has been difficult because India is a various united states with diverse religious groups following their own private legal guidelines.
- It has been argued that the marriage and loss of life rituals observed through tribal communities differ from Hindu customs, and there is concern that these practices may additionally face prohibition.
- Challenge for Law and Order: It could be a tyranny to the minority and when carried out should carry a variety of unrest in the country.
- Against Constitutional provisions: UCC is perceived as an infringement upon the constitutional right to freely workout one’s chosen faith discovered in Article 25 and 26 and the Sixth Schedule of the Constitution
- Fear among minorities: There is a contention that the Uniform Civil Code may potentially put into effect a code that is motivated by Hindu practices in all communities.
- The Law Commission of India said that a UCC “is neither important nor desirable at this level”. It recommended that discriminatory practices, prejudices and stereotypes inside a specific faith and its personal legal guidelines ought to be studied and amended.
Way Ahead
- The authorities must visit one of a kind sections of society before imposing the UCC to foster an environment of inclusivity, transparency, and appreciation for diverse views throughout the method.
- The Law Commission expressed its support for reaching “equality within communities” in preference to pursuing “equality between” groups.
Source: The Indian Express