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What is the debate on uniform civil code all about?
1.News
- Law commission in its 21st report says uniform civil code is “neither necessary nor desirable” at this stage.
| Article 44 of Indian constitution: The state shall endeavor to secure for all the citizens a uniform civil code throughout the territory of India. |
| Objective of article 44: The objective is to address the discrimination against vulnerable groups and harmonize diverse cultural practices. |
2.What universal civil code mean
- It will make common law for property, marriage, divorce, inheritance and succession for all religion
3.Finding of the commission
Secularism
- Secularism can only prevail when every religion has a right of different opinion
- Secularism could not override the plurality prevalent in the country.
Uniformity
- Uniformity should not become threat to the territorial integrity of the nation
- Focus should be on ending discrimination rather than plurality of the nation
Majority VS minority
- This diversity, both religious and regional, should not get subsumed under the louder voice of the majority.
4.Recommendation of the commission
- Uniform age of marriage for both boys and girls
- Making adultery ground for divorce in Muslim law
- Need for stricter ban on child marriage
- Striking a fine balance on freedom of religion and right to equality
- Adults of either gender should be allowed to adopt children
- Rationalizing the personal laws within communities rather than between communities
