Publication Details
Authors: UTTARA ROY
Registration ID: 103613 | Published Paper ID: WBL3613
Registration ID: 103613 | Published Paper ID: WBL3613
Year: Jan - 2025 | Volume: 3 | Issue: 1
Approved ISSN: 2581-8503 | Country: Delhi, India
Approved ISSN: 2581-8503 | Country: Delhi, India
DOI Link:
Journal
White Black Legal Law Journal
ISSN
2581-8503
Access Type
Open Access
Volume
3
Issue
1
Registration ID
103613 |
Published Paper ID
WBL3613
DOI
Link:
Abstract
UNIFORM CIVIL CODE
AUTHORED BY - UTTARA ROY
Introduction
Uniform
Civil Code is a principle which simple means that one country should follow one
rule irrespective of any religious communities. It is a suggestion which was
discussed during the report of Hindu Law Committee during the 1948-1951 and
1951-1954 sessions by our 1st Prime Minister Jawaharlal Nehru and
his fellow supporter. This proposal is incorporated in Article 44 of the Indian
Constitution which states that “The State shall endeavour to secure the citizen
a Uniform Civil Code throughout the territory of India”[1]. However, Article 37 of
the Constitution itself makes it clear the DPSP “shall not be enforceable by
any court”.
Positive Impact
To bring uniformity in the country, it is
necessary to have a code which govern all the citizen in terms of social
welfare. There are certain times when it become challenging for the statutory
as well as constitutional body to encroach upon the personal laws due to public
sentimental issues. With the help of a Uniform Civil code, it can help to
reduce such burdens and make law without hampering anyone’s personal rights.
Some of the important highlights of this Code are as follows-
·
One of
its significant attributes is to ensure gender equality as we can
witness those certain personal laws discriminate against women in matter like
divorce, maintenance and inheritance.
·
It can
also promote social unity and brotherhood as India is a country where
personal law of different communities hinders the progress of social harmony
due to lack of awareness against other communities, however, with the
implementation of UCC, it can help to bring the unity among the citizens of our
country.
·
It also encourages
equality and secularism as it treats all citizen equally without any
religious discrimination.
·
It also
helps to ensure justice as it will eliminate the overlapping of
different provision of law which will result into speedy justice.
As it can be observed that the Code itself can
act as a boon for the progression of the country. The implementation of this
Code can help to reduce various burdens and conflicts which hurt the society at
large. We live in a society where we are not fully aware of our own legal
rights and as an ordinary citizen to have a deep understand of other community’s
rights and its law is something which seems to be intractable or scare in our present-day
environment.
UCC and its impact on
Secularism
Secularism was added in the 42nd
Amendment of the Indian Constitution in the year 1976. In simple, ‘secularism’
means separation of state from religion. In India we have more than five
religions and to provide equal rights to every citizen without any religious
discrimination, it is the secularism which comes into play in order to deal
with such obstacles. In S. R. Bommai v. Union of India, the
Supreme Court held secularism as a basic structure of the Constitution.[2]
The UCC
and secularism are related ideas that frequently come up in conversations about
personal laws and governance. In order to ensure that the government treats all
religions equally and does not favour any one religion over another, secularism
argues for the separation of religion and state. In contrast, the UCC suggests
a single body of laws that apply to all citizens, irrespective of their
religious convictions, especially when it comes to personal law. Based on many
religious customs, the UCC seeks to replace the disparity of personal laws that
presently exist in India. Matrimony, divorce, adoption, and inheritance are all
covered by these laws. Since the UCC would treat all citizens equally under the
law, its proponents contend that it would advance social justice, gender
equality, and a uniform legal framework—all of which are in line with
secularism.[3]
Criticism
In
India, the biggest challenge for the law maker was the diversity in personal
laws and customs. The population of India also created a hindrance in forming a
uniformity in all the area of the State. Due to difference in culture, customs,
and different ideology of people, the need for uniform law was acting as an
obstacle in the development of our country. During the Post-Independence Era,
the percentage of people who were literate was limited in numbers and to
implement the proposal all over the country made it more difficult. While
drafting the UCC, the drawbacks which were argued-
·
Firsly, it was violating the freedom of
religion
·
Secondly, it would hamper the harmony
with the Muslim Community
·
Thirdly, it would hurt the sentiment of
the religious community if it interferes with the personal law.
However,
it was argued back by the drafting community that it is necessary for the
country to implement the UCC as it would help to strengthen the unity. It was
also stated that the UCC is not a new concept as we already had Common Civil
code. The proposal is included in the Part IV of the Constitution as Directive
Principle State Policy which would not force the State to implement with
immediate effect, however, it would do so after taking prior consent from all
the religious community.
Present Scenario
Uniform
Civil Code is one of the most debatable topics in our today’s era. Recently, we
have witnessed that Uttarakhand Assembly adopted UCC and became the first state
to have uniform code for civil matters since Pre-Independence Goa. With the
implementation of this Code, there are many doubts which stays for a certain
period of time but it is the vision of the lawmakers to make the country a
place where everyone is treated equally without any biasness. It is also
mentioned that tribal and minority communities won’t be affected by this Code. Also
due to political
party criticism over the Army's role in the Model Code of Conduct, the Army in
Jammu and Kashmir had to cancel its seminar on UCC. Despite of its obstacles,
it can be seen that UCC act as a game changer in our country by uniting all the
personal laws into one common set of law. In order to ensure that it does not
hamper the minority communities, it is necessary to take prior consent from all
the religion community.
Conclusion
It
can be said that the implementation of UCC can solve various obstacles which is
faced by our judiciary while dealing with the personal laws. If the pros and
cons of the UCC are measured, we can observe that it has more positive effects.
However, a country needs to take into consideration the sentiments of its
citizen while dealing with the UCC. Moreover, it is also important to enhance
the knowledge and awareness regarding the Uniform Civil Code among the public
in order to ensure harmony and peace. In a developing country like India,
opinions of the public must be given greater importance and it is the duty of
the government to conduct survey before making any law related to UCC. These
measures will ensure smooth co-operation between the public and the Government
to maintain public peace and harmony.
[1] The Constitution of India, Art.
44
[2] S. R. Bommai v. U.O.I [1994] 2
SCR 644: AIR 1994 SC 1918 : (1994)3 SCC 1
[3] SWATHIKA KADIESWARAN, Should Secular
State levy Uniform Civil Code? (https://www.legalserviceindia.com/legal/article-14439-should-secular-state-levy-uniform-civil-code-.html)
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