The concept of a Uniform Civil Code (UCC) in India has been a subject of intense debate and discussion for several decades in India. The idea behind a UCC is to have a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of their religious affiliations. India, being a diverse country with multiple religions and religious laws, currently has different personal laws for different religious communities.
What does Indian Constitutional says about Uniform Civil Code?
The Constitution of India, under Article 44, one of the Directive Principles of State Policy, states that the state shall endeavor to secure a Uniform Civil Code for its citizens. However, the framers of the Constitution left it to the discretion of the government to implement a UCC, recognizing the sensitivity and complexity of the issue. Over the years, various governments have discussed and debated the implementation of a UCC, but it has remained a contentious and politically sensitive topic.
Examples of Different Civil Codes in India:
In India, personal laws governing marriage, divorce, inheritance, and other such matters are based on religious texts and customs. The major religious communities in India, including Hindus, Muslims, Christians, and Sikhs, have their own distinct personal laws.
1. Hindu Personal Law: The Hindu personal laws are derived from ancient religious texts and customs. The Hindu Marriage Act, 1955 governs marriage and divorce among Hindus, while the Hindu Succession Act, 1956 deals with inheritance. Under the Hindu Succession Act of 1956, Hindu women have equal rights to inherit property from their parents and have the same entitlement as Hindu men.
2. Muslim Personal Law: Muslims in India follow the Muslim Personal Law, which is based on the Shariah. The Muslim Personal Law (Shariat) Application Act, 1937 regulates matters related to marriage, divorce, inheritance, and maintenance among Muslims.
3. For Christians, Parsis, and Jews, the Indian Succession Act of 1925 applies. Christian women receive a predetermined share based on the presence of children or other relatives. Parsi widows receive an equal share as their children, with half of the child’s share going to the deceased’s parents if they are alive.
Why UCC is a controversial topic in India?
The debate surrounding the Uniform Civil Code in India is multifaceted and often polarized. Here are some of the key arguments presented by proponents and opponents of a UCC:
1. Religious and Cultural Diversity: India is a country known for its rich religious and cultural diversity. It is home to multiple religions, each with its own set of customs, traditions, and personal laws. Critics say that the UCC poses a challenge to this diversity as it seeks to replace individual religious laws with a uniform code applicable to all citizens. Critics argue that such a move could undermine the cultural fabric of the country and impinge upon the religious freedom of its citizens.
2. Protection of Minority Rights: One of the main concerns raised by opponents of the UCC is the potential impact on minority communities. Personal laws are deeply intertwined with the religious identity and practices of these communities. They argue that imposing a common civil code may dilute the unique rights and protections enjoyed by minority groups and erode their cultural autonomy. Protecting minority rights and preserving their distinct practices is considered crucial in a pluralistic society like India.
3. Political Considerations: The UCC has often become a subject of political maneuvering and posturing. Political parties and leaders have used the issue to consolidate their vote banks or appeal to their respective constituencies. The sensitive nature of religious identity and the potential impact on minority communities have made it a polarizing topic, with political calculations often taking precedence over a genuine discussion on the merits and drawbacks of a UCC.
4. Gender Equality and Women’s Rights: Proponents of the UCC argue that implementing a uniform code would promote gender equality and women’s rights by eliminating discriminatory practices present in some religious personal laws. They believe that a common code would ensure equal rights in matters such as marriage, divorce, inheritance, and maintenance. However, opponents contend that gender justice can be achieved within the framework of existing personal laws, and a UCC could inadvertently infringe upon women’s rights protected under specific religious practices.
National Integration: Many feel a common civil code would foster national integration by promoting a sense of unity among diverse religious communities and strengthening the secular fabric of the country. While others say that the issue of a UCC is highly complex and sensitive, given the diversity of religious beliefs and customs in India.
Read More: [The Economic Times](https://economictimes.indiatimes.com/news/how-to/what-is-uniform-civil-code-what-does-constitution-say-about-it-why-its-such-a-controversial-topics-in-india/articleshow/101348565.cms)
