Overview of need for Uniform Civil Code

INTRODUCTION:

The term uniform civil code determine the idea of replacing the personal laws based on customs and scriptures with the same set of civil laws governing every citizen. In India even after 68 years of independence matters related to marriage, divorce, adoption, inheritance, succession and many other are still being governed by personal laws of their respective communities. In this modern society there is a great need to create religious harmony and to promote unity and integrity of the nation as provided by the Indian constitution.

The constitution of India defines uniform civil code under article 44 as a directive principle of state policy (DPSP) which read as “the state shall endeavour to provide for its citizens an UCC throughout the territory of India.”

WHY THERE IS THE NEED OF UCC:

Ever since the formation of constitution, UCC has always been the topic in controversy or even before the independence of India, India has always been praised for its variety of culture and traditions for making India truly secular nation ,there is a great need to implement UCC. The main aim behind implementing UCC is to promote integrity of nation by disqualifying controversies based on religious ideologies. After 68 years of independence there is a great need to provide gender neutrality, equal status to the civilians, enhancing the youth and to promote integrity of nation. To apply and uplift all these factors UCC should be implemented. The demand for UCC was first raised by former PM Jawaharlal Nehru but it was rejected on the ground that the society was not ready to adopt such changes. Then, In 1985, the Supreme Court of India in Shah Bano case held that there is the need of common civil law which will lead to the integrity of the nation. However in Shabana Bano’s case the apex court states that after divorce, the Muslim women is entitled to get the maintenance under sec 125 of Crpc even after expiry of iddat and as long as she remarries.

Thus, the implementation of UCC will lead to modernisation and change whole nation, it will help women, religions, minorities, etc. to feel secured and uplifted and will enjoy equal rights and respect in the country.

UNIFORM CIVIL CODE AND GENDER JUSTICE:

In this male dominant society, women are facing many difficulties in their lives. Women have always been discriminated on various religious matters while men enjoy preferential rights over them. In the matter of inheritance or of succession, women are facing discrimination and also experiencing trauma in matters concerning marriage, divorce, polygamy, desertion, triple talaq, etc. Women are facing inequality and are deprived of their basic rights because of the presence of various customary laws. Thus, to make India truly secular, democratic and republic there should be a common set of civil laws governing civilians irrespective of their caste, class, religion, gender, etc.

UCC will definitely bring gender neutrality and there will be no scope for politicians to use it as a weapon in their vote bank politics. Also, UCC will help in eliminating the complexity in adjudicating personal matters or overlapping of laws and inconsistencies which may sometimes lead to delay in justice delivery.

CHALLENGES AGAINST UNIFORM CIVIL CODE:

India has always been known for its rich heritage and cultural diversity. Due to the presence of various customary laws, it is practically tough to implement a common set of rules throughout India. The minority religious communities fear that the implementation of UCC may harm their religion and will neglect their traditions and culture but are not able to understand that it is not the subject matter to any particular religion but a subject matter to every Indian citizen.

Religious belief is something that is important for every citizen but making it an issue is disgraceful. In India, people belong to different religions and has faith in them, UCC does not restrict anyone to follow or leave any religion but ask for a common set of law with respect to every religion. UCC helps in abolishing the discrimination based on gender, religion, caste, etc and also helps in the social and economic growth of our nation. While the political parties feed Muslims that their religion will be snatched from them as a political tactics to gain votes on a commercial basis. These are the major drawback standing against the implementation of a uniform civil code.

CONCLUSION:

Thus Uniform Civil Code will create a balance among protection of fundamental rights and customs prevailing in India, It  should be just and proper as to a man of ordinary prudence, it should not be religious biased and free from political consideration

[The author, Amisha Jain is a 3rd year law student at Teerthanker Mahaveer University, Moradabad (U.P)]

• www.Legalservicesindia.com
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• Chavan, Nandini; Kidwai, QutubJehan (2006). Personal Law Reforms and Gender Empowerment: A Debate on Uniform Civil Code. Hope India Publications ISBN: 978-81-7871-079-2.