5 July 2023 in Uncategorised, The Bookish Gossips, Thoughts and Talks

Uniform Civil Code: An Accurate and Detailed Guide

Uniform Civil Code
Uniform Civil Code (Credit: India Today)

Uniform Civil Code: An Introduction

The issue of implementing a Uniform Civil Code in India has gained significant attention in recent times. The first petition was filed in 2019 with the aim of promoting national integration and ensuring gender justice, equality, and dignity for women. This topic has sparked widespread debate and discussions due to its potential impact on various aspects of Indian society.
Implementing a Uniform Civil Code ensures equality for all individuals, regardless of their religious affiliation. This code would be universally applicable, ensuring uniformity across the society. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization

What is Article 44?

The concept of a Uniform Civil Code holds significant importance in the Indian Constitution, with Part 4, Article 44 explicitly mentioning it. This article emphasizes the State’s commitment to establishing a consistent civil code for all citizens across India. The inclusion of such a provision highlights the government’s efforts to promote uniformity and equality within the legal framework of the country.

Credit: Times Now


History of UCC

During the colonial era, English was introduced to India with the primary objective of exploiting its wealth. After depleting the resources, they decided to establish control over India and began importing goods from their country for trade or selling in the Indian market. In order to facilitate trade and governance, commercial and criminal laws were introduced for the entirety of India. However, there was a lack of interest in implementing civil laws as they were not perceived as crucial for ruling and trade purposes. And also they don’t wanted to get into the conflict of religious matter.

During Jawaharlal Nehru’s tenure as Prime Minister following India’s independence, he implemented common laws for the Hindu, Jain, Sikh, and Buddhist communities. However, there was no specific law for Muslims who continued to follow their own community rules.
The Supreme Court has strongly recommended that every government in India implement the Uniform Civil Code (UCC) since the country’s independence.

However, this topic has been a source of controversy between two prominent communities in India. It is essential to find a balanced solution that respects the diversity and unity of our nation while ensuring equal rights for all citizens. When a specific law is implemented in the states of India, it tends to stir up intense discussions. As a result, governments often hesitate to fully enforce these laws.

Goa stands out as the sole Indian state with a Uniform Civil Code (UCC) in the form of common family law. Interestingly, Goa’s Uniform Civil Code is derived from the Portuguese Civil Code, which was implemented during the 19th century and continues to be in effect even after its liberation. This unique legal framework sets Goa apart from other states in India.

To maintain the uniformity of laws, the following suggestions need immediate consideration.

To truly grasp the essence of the UCC, it is crucial to cultivate an open-minded and forward-thinking mindset among individuals. This can be achieved by actively promoting education, raising awareness, and implementing sensitization programs. By doing so, we can ensure that people are well-informed and equipped to embrace the principles behind the UCC.

It Is imperative that the Uniform Civil Code be carefully drafted with the utmost consideration for the interests and beliefs of all religions. To ensure fairness and consistency, a committee of esteemed jurists should be established to oversee its implementation. It is essential, however, to approach this task sensitively so as not to offend or undermine the sentiments of any particular community.

Given the sensitive nature of the matter, it is undeniably more effective and appropriate for the religious groups directly involved to take the initiative.

The way for UCC

India boasts a distinctive combination of codified personal laws catering to Hindus, Muslims, Christians, Parsis, and other religious communities coexisting in the country. However, the absence of a unified family-related law that suits all remains a challenge that needs to be addressed. Many people believe that implementing a Uniform Civil Code (UCC) would greatly benefit and unify the Indian nation. Although there may be differing views on when and how it should be implemented, the general consensus is that a UCC is desirable and would contribute to strengthening the nation as a whole.

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