The Uniform Civil Code (UCC) is a proposal in India to formulate and implement personal laws of citizens. It would ensure one law for the entire country which will apply on all citizens of India equally regardless of their religion, gender and sexual orientation in their personal matters such as property, marriage, inheritance, adoption, etc.
Personal laws are distinguished from public law and it covers their personal matters such as property, marriage, inheritance, adoption, etc. This means that existing personal laws based on religion like the Hindu marriage act (1955), the Hindu succession act (1956), and the Muslim personal law application act (1937), will technically be dismissed. Meanwhile, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows different religious community to maintain their own personal laws.
What Is UCC?
The Uniform Civil Code (UCC) is a proposal in India to formulate and implement personal laws of citizens. It would ensure one law for the entire country which will apply on all citizens of India equally regardless of their religion, gender and sexual orientation in their personal matters such as property, marriage, inheritance, adoption, etc.
Constitution About a UCC?
Article 44 of the Indian constitution says that, “The state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.” This means common law for all Indian citizens while formulating national policies and bring all communities together on matters that are currently governed by their respective personal laws is that the constitution is directing the government.
however, It is expects the Indian state to apply directive principles, that means it is not enforceable. For example, Article 47 says the state to prohibit the consumption of intoxicating drinks and drugs that are injurious to health, but still in most states of the country sold alcohol for consumption.
Can Individual States Impose a UCC?
According to Article 44, UCC will be applied to “citizens throughout the territory of India” and it seems like imply that individual states do not have that power. Also giving power to state about UCC may bring some practical issues. For example if Rajasthan has a UCC and couple of that state get married and move to Gujarat, which law they will be follow.
Legal experts thought about state has the power to bring about a uniform civil code are different. Some experts says, because under the Concurrent List of the Constitution, some issues like marriage, divorce, inheritance, and property rights are comes, which is a list of 52 subjects and on this issues laws can be made by both the centre and the states government, and state governments has the power to impose it.
Significance And Need Of UCC
Uniform Principles
UCC would enable uniform principles to be applied in issues like marriage, divorce, inheritance, and property rights. so that citizens are not made to battle because of the conflicts and logical inconsistencies in various personal laws.
Promotion of secularism
The foundation of true secularism is all citizens irrespective of their religion in India govern their personal matters through one set of laws, if UCC will apply. It reinforce the secular fabric of the nation by help to finish gender discrimination on religious grounds.
Protection of Vulnerable & Women’s Rights
It will safeguard the weaker sections of society.
Women have been denied through personal laws for the sake of social, cultural and religious strict customs. So, UCC could unite all communities to guarantee Women the Right to a noble life and control over their life and body.
Reduced Discord
if the whole population will start following the one same laws, there will be chances that it would bring more peace. It may reduce the conflicts and riots between the different religions in the country and would create Religious harmony for peaceful living in the country
Prevents religion-based discrimination
Different religions have different personal laws in country. Those who feel discriminated a
regarding marital affairs, a unified law having the same provisions would provide justice to them.
Ending unjust customs and traditions
Many evil, unjust and irrational customs and traditions across the community that can be help to eradicate by this common law.
National integration
By removing disparate loyalties to laws that have conflicting ideologies, this UCC will help in national integration.
