This article is written by Harshit Tyagi, 2nd-year student at B.A.LL.B.(Hons.) school of Law, Lovely Professional University. The article discusses the controversy over the Uniform Civil Code with issues revolving around it and the solutions.
The Uniform Civil Code (UCC) is a vision that aims to contribute to a unified structured legislature that will preserve all aspects related to individual civil and religious law. every religion in India. UCC will enact uniform individual laws for each religion to achieve secularism and will replace individual laws of different religions, races, classes, etc., and share land and property among all citizens without any distinction. Another aspect of the UCC proposal is to protect the rights of women of different religions in India.
Origins of the Uniform Civil Code
The origins of the UCC can be traced back to colonial rule in India, where in 1840 the British enacted a uniform law on Crime, Evidence, and Calendar. process, while the personal laws of Hindus and Muslims are deliberately left unchecked, leading to many conflicts and complications between the two religions. After independence from the British, during the constitutional council debates, constitution founders such as Dr. B.R. Ambedkar recommended that a unified civil code should initially be included in Article 35 of the 1949 Constitution of India and that individual law should be separate from the UCC, but he also recognized that the implementation of the UCC was as such. must be voluntary. However, Muslim representatives insist on respecting individual religious laws based on the pillars of religious customs. Hence, only Article 44 of the Indian Constitution can understand the concept of UCC.
What is the Uniform Civil Code Bill
Uniform Civil Code of India 2018 proposed law by the Bharatiya Janata Party in 2018, in Lok Sabha for the purpose of providing common civil rule or common law to all citizens residing in India, irrespective of religion, race, caste, etc. across the geographical territory of India Meaning: Article 44 refers to the uniform civil code. But it does not define UCC, it simply says that the state will try to provide citizens with a uniform civil code across India. Uniform Civil Code generally means a set of laws governing the matter of individual law relating to the marriage, retention, divorce, and property-related aspects of all Indian citizens regardless of gender. nature and religion. It is an organ of secular civil law that is not governed by any individual law. It tends to separate individual law from religion and to ensure
the integrity of the nation and unity of the nation. Simply put, the individual laws
of each religion should be included in a common codified civil code to govern all
Objective of UCC Bill, 2018
To eliminate individual law established on the basis of religious beliefs and provide a uniform
The abolition of any form of discrimination against women is likely due to inadequate
and different laws in the Indian legal regime.
A uniform civil code is needed:
In our country, we live in a structured society where men have most of the rights over women.
Men enjoy an unfair advantage because of their gender. In Hindu and Muslim personal law, the
rules favor women. So, for this system, a uniform code of civil law is needed that has been felt
for more than a century. A uniform civil code would give women equal rights with men, and this
would not only bring about uniformity in society, but would also require the promotion
of national unity. Society has been fragmented in the name of religion, sect and gender.
Even in India today there are different individual laws governing civil law rights. The idea
behind a uniform civil code is to treat all people equally
with fair and equitable laws. Furthermore, such a rule would help to provide a code of conduct
governing the personal affairs of all citizens, regardless of their religion, which is
the foundation of secularism. The main purpose of having a uniform civil code is nondiscrimination
and equal treatment of all people in India with the concept of common law. Cloth.
Some liberal and women’s groups have argued that the Uniform Civil Code gives women more
rights. These gender-friendly sentences are reviewed from Shah Bano case to
Sharaya Bano’s PIL submission to the Supreme Court, where three talaqs
were declared unconstitutional. And it should be noted that some people oppose this uniform
civil code, but some liberals in our society demand its implementation which will govern
individuals of all religions. , religion and protection of their fundamental and constitutional rights
guaranteed by the constitution of India. And there will be a practice of polygamy if a uniform
civil code is enacted and child marriage is also reduced.
The Judiciary on Uniform Civil Code:
In HYPERLINK “https://indiankanoon.org/doc/733037/” \t “_blank” Sarla Mudgal v. Union of
India (1995), the Supreme Court of India ordered the Ministry of Law and Justice to
reflect on the measures taken and efforts by the Government of India to
ensure a “uniform civil code”. ” for Indian citizens.
In the case of HYPERLINK “https://indiankanoon.org/doc/823221/”\t “_blank”
Mohd. Ahmad Khan vs.Shah Bano Begum and Ors (1985), the Supreme Court of India ruled that
Muslim women were entitled to alimony under Section 125 of the Criminal Procedure Code of
1973 and further ruled that “a set of unified civil law will aid the cause of national integration by
removing allegiance to conflicting laws” and directing the government to enact the UCC.
In the HYPERLINK Case” https://indiankanoon.org/doc/1494202/”\t”_blank “Pannalal Bansilal Patil v. State of Andhra Pradesh (1996), the Supreme Court of India held that “a unified law, although much to be expected, enacting it all at once could be counterproductive to the unity and integrity of the nation. In a democracy governed by the rule of law, progressive and gradual order and change should be established. Making legislation or changing laws is a slow process and legislators try to fix things where it is needed most. In the case of John Vallamattom and Ors. v. Union of India (2003), Supreme Court of India held that there is no necessary link between religious law and individual law in a civilized society. There is no doubt that marriage, inheritance and similar matters of a secular nature cannot be guaranteed in Articles 25 and 26 of the Constitution. Any law bringing succession and similar matters of a secular character within the scope of Articles 25 and 26 is questionable.
Does UCC have a conflict with religion Articles 25 and 26 of the Indian Constitution reserve fundamental rights related to religion, these rights are enforceable in court, but Article 44 of UCC does not effect in any court, so it is unlikely that the UCC would overlap with a religious right. The purpose of UCC is to make uniform laws on marriage, legal separation, succession, etc., not to provide a uniform method of religious practice, so UCC cannot conflict with religious right . Problems with UCC Problems with UCC are as follows: Different religions have different religious denominations based on basic religious practices that make it difficult to make a real foundation basic practice for all religions, By trying to implement this policy, Congress is only copying the Western model law, Minority misconceptions that UCC will destroy religious practices their own and they will be forced to follow the religious practices of the majority groups, i e. Muslim, Sikh, Christian, Buddhist, Jain and Zoroastrian, Conflict between religious freedom and equality before the law and equal rights, ignorance is lack of education, misinformation, belief irrational religion, etc.
Countries Having UCC: We can see that these countries are united by a uniform civil code without any distinction. Some countries follow German civil code and some follow French law. Suggestions: In order to establish a uniform civil code in our country, where there are different religious backgrounds, the legislature and courts of India should take certain steps: Like enacting reforms society, soliciting public opinion on these aspects. They should take the initiative to enact a uniform civil code. It must be clearly enacted and contain the best elements of the various civil laws.
He should act and find amicable resolution to other parts of the Indian constitution. Status quo provisions must be made to include the uniform enactment of civil laws. Conclusion: From the analysis of the above concepts, we know that it is very difficult to regulate the UCC in our country, but the courts and legislative bodies always do their best to regulate the UCC. This is an important aspect that the government should take more steps to enforce in India. It is time to enact a unified civil code to avoid conflicts between the laws of the individual. This law will protect minorities and vulnerable women, regardless of their religion.