The Uniform Civil Code (UCC) states the conceptualisation of 1 law for India, which might be applicable to all or any religions and communities in issues like marriage, divorce, inheritance, adoption.
Article 44 of the Indian Constitution covers this code , which establishes that the state shall endeavour to secure a uniform Civil Code for all the citizens throughout the territory of India.
Background of Uniform Civil Code
During colonial India the Uniform Civil Code was established, when British government gave its report in 1835 focusing on the necessity for uniformity within the codification of Indian law made by the government because of the demand of British rule within the far end due to increased legislation handling of personal issues.
Based on these recommendations, a bill was then passed in 1956 because of the Hindu Succession Act to amend and codify the law concerning intestate or unwilled succession, among many religions like Hindus, Buddhists, Jains, and Sikhs.
However, there have been separate personal laws for muslim, chirstian and Parsis.
In order to bring uniformity, the courts have often said in their judgements that the govt should move towards a consistent civil code.
The judgement within the Shah Bano case is documented , but the courts have made an equivalent point in several other major judgements.
By arguing that practices like triple talaq and polygamy impact adversely on the proper of girls to a lifetime of dignity, the Centre has raised the question whether constitutional protection given to spiritual practices should extend even to people who aren't in compliance with fundamental rights.
Negatived of Uniform Civil Code
Practical difficulties because of diversity in India
It is practically tough to come up with a standard and uniform set of rules for private issues like marriage because of India's tremendous cultural diversity across religions, sects, castes, states etc.
Perception of UCC as encroachment on religious freedom
Many communities, generally minority communities perceive Uniform Civil Code as an encroachment on their rights to spiritual freedom. They fear that a standard code will neglect their traditions and impose rules which can be mainly dictated and influenced by the bulk religious communities.
Interference of state in personal matters
The constitution provides for the freedom of faith of one’s choice. With codification of uniform rules and its compulsion, the scope of the liberty of faith is going to be reduced.
Sensitive and hard task
Such code must be made by adopting freely from different personal laws, making slight changes in each, with keeping, judicial pronouncement on gender equality, and taking expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the advantages that one community secures from the others. Human resource wise this task would be demanding time and harmony. The government should be sensitive and unbiased at each step while handling the bulk and minority communities. Otherwise, it'd end up to be more disastrous during a sort of communal violence.
During the kontroversi of Shah bano case of 1985 the right to practice one's religion became a controversial topic.
Article 44 of the constitution may be a guideline to the govt to implement UCC for all citizens of the country. The main aim of the fathers of the constitution was DPSP which was to be implemented once we become economically and democratically strong. The most important challenge is the implementation of the Uniform civil code which hampers the elemental rights of an individual to practice religious functions.
Article 44 of the Constitution is debatable and three sided. Some say that the target of Article 44 is to fight against discrimination. Also, to harmonize different cultural practices within the country. On the opposite hand, other groups of individuals say that private laws are highly important and wish to coexist with the Uniform Civil Code.
Time isn't yet suitable for this reform
If we take, serious opposition from Muslim community in consideration, in in India over this issue it overlaps with the controversies of beef saffronisation of faculty and colleges curriculum, love jihad. Therefore the highest leadership emanates silence on these controversies, there must be sufficient time for instilling confidence within the community. Otherwise, these efforts towards communism are going to be counterproductive leaving the minority class, particularly Muslims more insecure and susceptible to get attracted towards fundamentalist and extremist ideologies.
At the end of the day, a UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage, of which all the private laws are equal constituents.
The codification and implementation of UCC might not necessarily inaugurate the expected equality among genders and religions.
the current personal law reforms should be firstly initiated by the communities themselves and the efforts are needed to sensitize it.
Current institutions have to be modernized, democratized and strengthened for this alteration . Some sincere efforts towards women empowerment need to be taken for womens of all religions.
Pluralist democracy is an identity of current India. So, the effort should be made on focusing harmony in plurality then covering uniformity for flourishing Indian democracy.
The plural democracy is an identity of modern India. Therefore, efforts should be focused on harmony in plurality rather than blanket uniformity for flourishing Indian democracy.