{"id":53604,"date":"2019-10-31T16:09:44","date_gmt":"2019-10-31T10:39:44","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=53604"},"modified":"2019-10-31T16:09:53","modified_gmt":"2019-10-31T10:39:53","slug":"answered-discuss-the-need-of-bringing-uniformity-in-civil-laws-critically-analyse-the-the-consequences-of-bringing-such-uniformity","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-discuss-the-need-of-bringing-uniformity-in-civil-laws-critically-analyse-the-the-consequences-of-bringing-such-uniformity\/","title":{"rendered":"[Answered] Discuss the need of bringing uniformity in civil laws. Critically analyse the the consequences of bringing such uniformity."},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>Why Uniform civil code is needed in India? Positive and negative consequences of bringing uniformity in civil laws.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

Uniformity in civil laws or a Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. Article 44 of Indian constitution mention UCC and left on state for its implementation.<\/p>\n\n\n\n

Why Uniform civil code is needed in\nIndia?<\/strong><\/p>\n\n\n\n

  1. Gender Inequality:<\/strong> Various aspects of prevailing\nmarriage personal laws discriminates against women, like Sharia law allows a\nMuslim male to solemnise up to four marriages without taking consent of his\nexisting wives. This blanket immunity enables husbands from other communities\nto desert their wives by converting to Islam and escape from the legal\nproceedings.<\/li>
  2. Societal progress: <\/strong>A contemporary India is a totally\nnew society with 55% of its population is below 25 years of age. Their social\nattitudes and aspirations are shaped by universal and global principles of\nequality, humanity, and modernity. Their view of shedding identity on the basis\nof any religion has to be given a serious consideration so as to utilise their\nfull potential towards nation building.<\/li>
  3. National Integration: <\/strong>The Supreme Court of India has\nopined that UCC can serve as an instrument for national integration by removing\ndisparate loyalties to law which have conflicting ideologies.<\/li><\/ol>\n\n\n\n

    Positive benefits of bringing\nuniformity in civil laws:<\/strong><\/p>\n\n\n\n

    1. Equality:<\/strong> India is a secular democracy. A\ncommon civil and personal law in India would ensure equality among all its\ncitizens, irrespective of their religion, class, caste, gender etc. Thus UCC\nwill lead to equality in society.<\/li>
    2. Will reduce gender discrimination:<\/strong> Personal laws of almost all\nreligions are discriminatory towards women. Men are usually granted upper\nstatus in personal laws. Uniform civil code will bring both men and women at\npar and would reduce atrocities against women. It will promote gender equality\nand welfare of women.<\/li>
    3. Promote justice: <\/strong>UCC can promote justice by\nincorporating similar laws for all citizens. It will help in providing justice\nto the women. Also it will lead to social justice by promoting equality in the\nIndian society among various sects.<\/li>
    4. Simplification of legal matters:<\/strong> UCC will simplify the cumbersome\nlegal matters governed by personal laws. In the absence of UCC judges interpret\nvarious provisions like maintenance in case of Muslim women according to their\nprejudices and opinion. The introduction of UCC will prevent such interference\nand promote Uniform provisions.<\/li>
    5. National integration:<\/strong> Indian citizens are equal before\nthe court of law as the criminal laws and other civil laws (except personal\nlaws) are same for all. With the implementation of Uniform Civil Code, all\ncitizen will share the same set of personal laws. There will be no scope of\npoliticisation of issues of the discrimination or concessions or special\nprivileges enjoyed by a particular community on the basis of their religious\npersonal laws.<\/li>
    6. Societal reforms: <\/strong>Existing personal laws are mainly\nbased on the patriarchal notions of the society in all religions. UCC is will\nremove such patriarchal notions by destroying their sanctity.<\/li><\/ol>\n\n\n\n

      Negative consequences of bringing uniformity\nin civil laws:<\/strong><\/p>\n\n\n\n

      1. Uniform Civil Code (UCC) in India is\nignorant of the diversity of its cultures, customs, traditions, castes,\nethnicity, languages and religious ideologies. From north to south and from\neast to west, each state in India has a different culture and a different\noutlook towards life.<\/li>
      2. The Hindu Marriage Act was passed in\n1955 and later, other acts related to issues of succession and maintenance were\nalso passed. Some might believe that these enactments brought uniformity in law\nfor all sections of Hindus.<\/li>
      3. UCC will be detrimental to communal\nharmony of India and will be against the ethos of religious freedom.<\/li>
      4. UCC is disadvantageous for all\nminorities, and also for a good number of Hindu castes. It will only create\nconflicts and disputes among them.<\/li>
      5. Article 44 is just one of the\nseveral other directive principles of state policy, so it carries only a\npersuasive force for the legislature. Moreover, Articles 25, 26 and 29 which\ndeal with religious and cultural freedom are the fundamental rights and both\nconflict with each other. In such conflicting situation, fundamental rights are\nmandated to prevail constitutionality.<\/li>
      6. A common code anywhere can harm\nnational integration, for true integration in a democracy stands for tolerance\nand coexistence of various communities Wrenching the laws and culture that are\nbeloved to a community and deriving it to adopt alien laws can hardly create\ngoodwill or harmony between communities.<\/li>
      7. The diversities of family law of\ndifferent communities, the tribal’s own laws and customs, the belief of the\npeople about the source of law and religion are intermixed and interwoven. This\nhas prompted people to oppose the Uniform Civil Code from its very inception.<\/li><\/ol>\n\n\n\n

        UCC is sometimes perceived as the imposition of the Hindu code and procedures, and this adds to its opposition from the minorities. Some people also argue that it would lead to a loss of the culture and the identity of the minorities in the Indian society. The better course would be to bring about small reforms, correcting some inherent irrationality in some of the personal laws, and make them suitable for modern times. The focus should also be on removing disparities between different religions. This might lay the foundation of implementing a UCC at a later date.<\/p>\n","protected":false},"excerpt":{"rendered":"

        Demand of the question Introduction. Contextual Introduction. Body. Why Uniform civil code is needed in India? Positive and negative consequences of bringing uniformity in civil laws. Conclusion. Way forward. Uniformity in civil laws or a Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major… Continue reading [Answered] Discuss the need of bringing uniformity in civil laws. Critically analyse the the consequences of bringing such uniformity.<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-53604","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53604","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=53604"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53604\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=53604"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}