The Uniform Civil Code (UCC) is one of the most controversial topics in Indian legal and political debates. It is a collection of unified laws designed to replace religiously based personal rules with a single law that applies to all people, regardless of their faith, in all situations, including marriage, divorce, inheritance, and adoption. Article 44 of the Directive Principles of State Policy, which instructs the State to implement the UCC, has made it a part of Indian constitutional law.
Secularism, gender justice, national integration, and various individual rights are also major topics in the UCC discourse. Others see this code as an attack on religious freedom and the right to personal laws, while others see it as necessary for equality and inclusion.
Characteristics of the Uniform Civil Code in Law
Article 44 of the Indian Constitution states that “The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.” This clause serves as the basis for the Uniform Civil Code.
The commission serves merely as a guide when formulating certain policies, even though it may be called upon for a particular objective. It is often difficult to strike a balance between this mandate and Articles 25–28, which protect communities’ freedom of religion and cultural identity.
Significant rulings in the Shah Bano Case (1985)
• pertaining to the Uniform Civil Code: The Supreme Court ruled in favor of Shah Bano, a Muslim lady who was requesting support from her husband under Section 125 of the CrPC, in this historic case. Muslim protests led to the creation of the Muslim Women (Protection of Rights on Divorce) Act of 1986, which specifically restricted the rights of Muslim women under the relevant CrPC clause. This was a clear reinforcement of the significance of the demand for UCC, which was later curtailed.
• The Sarla Mudgal Case (1995) concerned bigamy-related conversion to Islam. Therefore, the Supreme Court favored the introduction of UCC in order to prevent the abuse of religious laws.
• Triple talaq was declared unconstitutional in the Shayara Bano Case (2017). The court also emphasized how important it is for the government to enact consistent legislation.
Arguments in Support of UCC Equality and Gender Justice:
• In light of numerous personal laws that have historically discriminated against women in relation to inheritance, divorce, and maintenance, the UCC aims to grant equal rights to all citizens, particularly women.
• National Integration: By eliminating religious distinctions, this shared body of legislation can promote national cohesion. It can facilitate a sense of community and belonging.
• Legal simplification: Diverse personal laws lead to misunderstandings and intricate legal issues. The UCC will develop an easily comprehensible and effectively applicable legal system.
• Modernization and Secularism: India is a religiously diverse country. Therefore, any rule that is founded on religion is incompatible with secularism as a whole. Law uniformity would ensure that laws are based on constitutional foundations rather than religious ideology.
• Judicial Efficiency: The judiciary frequently uses conflicting personal laws as an opportunity to attempt and encourage UCC, which would free the courts from handling litigation and provide a dependable basis for rulings.
Arguments Against UCC Affecting Religious Freedom:
• According to many communities, UCC is a serious assault on their customs and religion. They contend that such codification of legislation is a sanctioned infringement on their right to religious freedom under the constitution.
• India’s diversity: With a wide range of cultures and customs, India is a heterogeneous country. One set of laws might not be appropriate for everyone.
• Political Sensitivity: One of the most political issues is the UCC problem. Instead of implementing real reform, many social groups believe it is being utilized to impose majoritarianism.
Legality, secularism, and national integration are all aided by the Uniform Civil Code; nonetheless, its actual application requires careful consideration and discussion that takes variety into account. The government and society at large ultimately have the final say, but other reform advocates from the legal and judicial systems will keep pushing.
A significant turning point in India’s political development toward such a progressive, unified, and coherent legal system will occur if the Uniform Civil Code is developed along the lines of equity, justice, and modernization. Only when the aforementioned factors are taken into account can the law be effective. If not, India will be roiling with unrest and dissatisfaction and could lose its ability to maintain pluralism as a pillar of the country.
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