[Answered] Uniform Civil Code can be the real unifying force in India; however, India’s complex diversity makes the execution and applicability of the UCC difficult. Elaborate.

The Uniform Civil Code (UCC) will replace the personal laws based on the scriptures and customs. It would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc. The constitution has a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy.

How UCC can be the real unifying force in India:

• It ensures equal status to all citizens which is essential for unity of the country.
• It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted preferential status in matters of succession and inheritance. Uniform civil code will bring both men and women at par.
• The code will simplify the complex laws around marriage ceremonies, inheritance, succession and adoptions, making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
• A secular republic needs common law for all citizens rather than differentiated rules based on religious practices.
• Augment justice: UCC can augment justice by incorporating similar laws for all citizens.

 Concerns:

• Due to diversity in India: It is practically tough to come up with a common and uniform set of rules for personal issues due to tremendous cultural diversity across the religions, sects, castes, states etc.
• Interference of state in personal matters: The constitution provides for the right to freedom of religion of one’s choice (Article 25). With codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.
• Article 44 of the Constitution which proclaims a uniform civil code throughout the territory of India. But instances of conflicts due to framing of code are seen in different states.
• The existing acts like Special Marriage Act, 1954 Indian Succession Act, 1955 still do not apply in many states and UTs like Goa, Puducherry etc.

Way forward:

• Under the Constitution, family and succession laws are in the concurrent jurisdiction of the Centre and states. But for uniformity center should frame the code.
• Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.