A Uniform Civil Code essentially means a common set of laws governing personal matters for all citizens of the country, irrespective of religion.
- Currently, different laws regulate these aspects for adherents of different religions.
- In India, only Goa state has a common law called the Goa Civil Code.
- But the recent petitions on Christian Divorce Law and Muslim Triple Talaq system prompted the SC to enquire about the Government’s intentions and preparedness in implementing the Uniform Civil Code in the country.
How a Uniform Civil Code helps in tackling problems created by differentiated Laws?
- India is a secular nation and the Rule of Law is applicable to all citizens irrespective of religion. But, when it comes to Personal Laws there are variations across religions and our constitution makers could not make it binding on the religions.
- The only compromise that could be done was to include a clause in Article 44 of Indian Constitution (Under Directive Principles of State Policy) which says that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
- Many practices governed by religious tradition are at odds with the fundamental rights guaranteed in the Indian Constitution.
- Hindu Code Bill was brought in after much resentment by the conservative Hindu sections. The Christian Divorce Law is attracting criticism on the ground that it forces a couple to wait for 2 years before they can file an application for divorce. The time period is only one year as per Hindu, Parsi, Muslim traditions etc.
How personal laws are discriminating
- According to the provisions of the Hindu Adoptions and Maintenance Act, while giving a child for adoption, the consent of the mother is mandatory. But she loses her right in case she converts and ceases to be a Hindu.
- In case of Muslims, the two existing laws cover very few aspects – divorce sought by women and maintenance following the dissolution of marriage
- Personal laws have undergone significant changes in most Muslim countries.
- In Pakistan, for instance, both Muslim men and women have equal right to divorce and there is no system of triple talaaq.
How Uniform Civil Code will promote Gender Justice?
- It is important to note that B.R. Ambedkar fought hard for the passage of the Hindu Code Bill because he saw it as an opportunity to empower women.
- The great Muslim social reformer Hamid Dalwai also made the rights of women a central part of his campaign for a uniform civil code.
- The rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example.Uniform civil code will provide the equal rights to women.
- State cannot interfere into the matter, because of the lack of legislation. UCC will empower state to enforce the rights of women.
- Women have long been demanding that why can’t they be subjected to the same set of laws that apply to women from other religions.
