India is a country known for its cultural diversity and religious freedom. The country has a public following various religions, and each one of them has its own set of laws regarding sensitive issues like marriage, divorce, adoption, and inheritance. The Uniform Civil Code, with the objective of promoting national integrity, is a proposal in the parliament that will introduce a single set of laws for Indian citizens regardless of their religion. Goa and Uttarakhand are the only states that have already implemented the code. This article talks about the history, pros, and cons of UCC.
History of Uniform Civil Code
The Uniform Civil Code has been a major issue in the political and legal landscape of India ever since the Constitution was drafted. The sub-committee, which was responsible for drafting fundamental rights, including Dr Ambedkar, Minoo Masani, and Munshi, divided them into justiciable and non-justiciable. The committee placed UCC in the non-justiciable section. However, the decision was opposed by Hansa Mehta, Minoo Masani, and Amrit Kaur, who believed UCC should be placed in the justiciable section as personal laws hinder the integrity of the nation.
Later, Article 44 placed UCC in the Directive Principles of State making it optional and sparking a major debate among the leaders. Ismail Sahab and Pocker Sahib Bahadur were the ones who thought the code would harm cultural diversity and religious harmony, while K.M. Munshi and Alladi Krishnaswami Aiyyar thought it would promote national integrity and harmony.
Judgements in many cases in the Supreme Court like the Jordan Diengdoh Case (1985), Sarla Mudgal Case (1995), Lily Thomas Case (2000), and Shabnam Hashmi Case (2014) emphasized the importance of UCC and the Shayara Bano Case (2017) that was addressing Triple Talaq which was declared unconstitutional as it was a breach of fundamental rights of Muslim women sparked debates again as it violated the Muslim Personal Law over Divorce.
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Pros and Cons of the Uniform Civil Code
The Uniform Civil Code has been the most argued debate in India for decades and many arguments both in favour and against the code have been made that highlight the major pros and cons that should be well-considered by the government before taking a final decision on the topic. Some of them are mentioned below.
Advantages of the Uniform Civil Code
Equality among the citizens of India is one of the major advantages being highlighted by the supporters of UCC. Currently, there are so many different personal laws that are being followed by various sections, which lead to inequality. UCC resolves this issue by implementing uniform laws regardless of religion.
Another major advantage being highlighted is the promotion of national integrity. According to the supporters of UCC, the act will foster a sense of common identity as Indians regardless of the religious divisions.
It will also simplify the legal system of India by eliminating personal laws and implementing uniform laws that will help the people in a better understanding of their rights and also lead to much more efficient legal proceedings.
India is known for being a secular country and UCC will ensure the implementation of the principle with a uniform law system that will not favour any particular religion.
The existing personal laws often contradict the current modernized scenarios of living. Hence, UCC will prove to be a major reform in the social landscape of India.
UCC will also provide legal clarity in cases where the personal law clashes with the fundamental rights and principles of law existing in the country. It will protect the rights of the weaker sections like women and children.
A uniform set of laws will also help reduce politics based on religion, avoid conflict, and promote communal harmony.
Disadvantages of the Uniform Civil Code
India is a country where various religions and communities co-exist, each one of them having their own religious and communal beliefs. Implementation of UCC might prove to be harmful to diversity and cause resentment among such communities.
According to the Indian Constitution, the citizens have freedom to choose and practice their religion and faith and personal laws are often considered an important part of religious beliefs. Eradicating them will lead to a breach of the right to freedom of religion and force the communities to abandon their own practices in order to adhere to uniform laws.
Since India is known for diversity, the practical implementation of UCC seems to be far-fetched. The act might face major protests leading to political unrest.
The act will require many major changes in the overall legal system of India, which might be very time-consuming.
The act may also see protest and resistance from the religious leaders of the communities who majorly influence the general view of the public through their social power making its practical implementation very difficult.
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What Can Be Done?
The implementation of the Uniform Civil Code is a very sensitive and complex issue. Hence, before going forward with the act, detailed discussions with all the stakeholders across the country must be conducted in order to ensure minimum grievances. The implementation should also be gradual which will help the citizens slowly adjust to the new legal system. The implementation of UCC by Uttarakhand and Goa may be analyzed in order to identify the shortcomings and the major points that saw a protest in the states. The government must make sure that the rights of minorities are well-protected and that the implementation of UCC will not eradicate their overall identity.