India needs a Uniform Civil Code

Source: The post is based on the article “India needs a Uniform Civil Code” published in “The Hindu ” on 7th July 2023.

Syllabus: GS 2 – mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections.

What is UCC?

The Uniform Civil Code (UCC) is a proposed law in India that aims to replace personal laws based on scriptures and customs of each religious community with a common set of rules governing every citizen. It seeks to ensure equal justice and rights for all citizens by establishing common rules for issues like marriage, divorce, inheritance, and adoption, regardless of religion.

What are the constitutional debates on UCC?

The UCC has a deep-rooted history in the Constitution of India and its creation. Notably, discussions during the Constituent Assembly debates highlight the significance and need for a UCC.

Babasaheb Ambedkar, the primary architect of the Indian Constitution, strongly supported the UCC. He believed it was key to achieving gender equality and eliminating social issues. He voiced his confusion over why religion has been allowed to create barriers in the way of legal and social reform.

Several other notable figures like Alladi Krishnaswamy Ayyar and K.M. Munshi also expressed their support for UCC. They stressed that a UCC was needed to unify and secularize the nation’s way of life.

Despite the support, the Assembly did not reach a consensus, and the UCC ended up in Article 44 of the Directive Principles, making it a constitutional obligation for the state to implement it.

What is Supreme Court’s Stand on UCC?

India’s Supreme Court has also voiced its opinion on the matter. In the Shah Bano case, it regretfully remarked on the failure to bring Article 44 to life and expressed that a UCC would foster national integration. In the Indian Young Lawyers Association case (2018), the court ruled that religious freedom should align with the Constitution’s fundamental rights. Despite its views, the court refrained from issuing directives to the government, respecting the parliament’s legislative domain.

What is the significance of UCC?

Reduces social inequalities and discrimination: A UCC would safeguard fundamental rights, decrease social disparities, and curb gender discrimination. It represents a unified legal system that upholds constitutional principles, serving as a mechanism for promoting equality and justice for all citizens.

Promotes gender equality: The UCC is critical for empowering women and establishing gender parity in matters such as marriage, divorce, and inheritance. It would help abolish practices that deny women their rights and provide them with equal opportunities and protections.

Encourages national integration: The implementation of a UCC will help cultivate a sense of unity among India’s diverse communities, fostering social cohesion and national integration. It is a significant step toward building a new, inclusive, and egalitarian India.

Conclusion

The call for the UCC is a call for social reform, a code aligned with the principles of justice, equality, and an inclusive society. Thus, it’s crucial for citizens, religious leaders, and political parties to support its implementation, as it would represent a significant step toward a more equal and fair society.