Uniform Civil Code(UCC) [1/2]
✓The Law Commission of India has asked for views and proposals from the public regarding the UCC.
✓The UCC has been a highly debated and politically charged issue in India. The Law Commission's previous stance on the UCC was that it was neither necessary nor desirable.
✓UCC is a proposal to replace the personal laws of various religious communities with a common set of laws for all citizens.
❓What is Uniform Civil Code?
➖About:
✓The Uniform Civil Code is mentioned in Article 44 of the Indian Constitution, which is part of the Directive Principles of State Policy.
✓These principles are not legally enforceable but are meant to guide the state in making policies.
It has been supported by some as a way to promote national integration and gender justice, but opposed by others as a threat to religious freedom and diversity.
✓The only state in India that has a UCC is Goa, which retained its common family law known as the Goa Civil Code after it was liberated from Portuguese rule in 1961.
✓The rest of India follows different personal laws based on their religious or community identity.
➖Personal Laws in India:
✓Currently, not only Muslims but also Hindus, Jains, Buddhists, Sikhs, Parsis, and Jews are governed by their own personal laws.
✓Personal laws are determined based on religious identity.
The reformed Hindu Personal Law still incorporates certain traditional practices.
✓Differences arise when Hindus and Muslims marry under the Special Marriage Act, where Hindus continue to be governed by Hindu Personal Law, but Muslims are not.
‼️What are the Challenges in Implementing UCC?
🔸Diverse Personal Laws and Customary Practices:
✓India is a country of diverse religions, cultures and traditions.Each community has its own set of personal laws and customs that govern their civil matters.
✓These laws and practices vary widely across regions, sects and groups.To find a common ground and uniformity among such diversity is very difficult and complex.
✓Moreover, many personal laws are not codified or documented, but are based on oral or written sources that are often ambiguous or contradictory.
🔸Resistance from Religious and Minority Groups:
✓Many religious and minority group's view UCC as an infringement on their religious freedom and cultural autonomy.
✓They fear that UCC would impose a majoritarian or homogenous law that would disregard their identity and diversity.
✓They also argue that UCC would violate their constitutional rights under Article 25, which guarantees the freedom of conscience and free profession, practice and propagation of religion.
🔸Lack of Political Will and Consensus:
✓There is a lack of political will and consensus among the government, the legislature, the judiciary and the civil society to initiate and implement UCC.
✓There are also apprehensions that UCC could provoke communal tensions and conflicts in the society.
🔸Practical Difficulties and Complexities:
✓UCC would require a massive exercise of drafting, codifying, harmonising and rationalising the various personal laws and practices in India.
✓It would require a wide consultation and participation of various stakeholders, including religious leaders, legal experts, women’s organisations, etc.
✓It would also require a robust mechanism of enforcement and awareness to ensure compliance and acceptance of UCC by the people.
❗What are the Benefits of UCC?
🔹National Integration and Secularism:
✓UCC would promote national integration and secularism by creating a common identity and sense of belonging among all citizens.
✓It would also reduce the communal and sectarian conflicts that arise due to different personal laws.
✓It would uphold the constitutional values of equality, fraternity and dignity for all.
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