Is Uniform Civil Code ‘unnecessary and undesirable’ or ‘justice for all communities’
Source: indianexpress
For Prelims: Uniform Civil Code, Article 42
For Mains: Legality and Ethical point of view on uniform Civil Code
Highlights of the Article:
- The UCC would promote gender equality and social justice.
- The UCC would help to ensure that all citizens are treated equally under the law, regardless of their religion.
- The UCC would promote national unity and cohesion
Context:
Prime Minister Narendra Modi has said the implementation of a Uniform Civil Code (UCC) was imperative for India, citing the impracticality of maintaining a dual legal system that caters to distinct communities. In addition, the 22nd Law Commission released a new notification on June 14, with the aim of gathering perspectives from diverse stakeholders, such as public and religious organisations, regarding the UCC. The UCC elicits diverse perspectives and discussions, primarily owing to its inherent implications for women’s rights.
UPSC EXAM NOTES ANALYSIS:
1. What is Uniform Civil Code (UCC)
- A Uniform Civil Code would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption, etc
- The framers of the Constitution recognised the need for uniform personal laws, but placed it in the Directive Principles of State Policy.
- Article 44 of the Constitution says that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
- Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance
- Currently, Indian personal law is fairly complex, with each religion adhering to its own specific laws. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions.
2. Arguments for Uniform Civil Code
- Supporters of a UCC argue that it promotes equality, social justice, and gender justice by eliminating discriminatory practices embedded in certain personal laws
- They believe that a common set of laws for all citizens helps foster national unity and strengthens the secular fabric of a country
- It is seen as a step towards ensuring equal rights and opportunities for all individuals, regardless of their religious or cultural affiliations
- Supporters also contend that a UCC would address the issue of legal ambiguities and inconsistencies arising from the coexistence of multiple personal laws
- The complexity and disparities in personal laws can lead to confusion and injustice in legal proceedings, affecting individuals' lives and undermining trust in the legal system
- A uniform code would simplify legal processes, ensure consistency, and provide clarity in matters of personal law
3. Arguments against Uniform Civil Code
- Opponents of a UCC argue that personal laws are deeply rooted in religious and cultural traditions, and imposing a uniform code infringes upon the freedom of religion and cultural autonomy
- They contend that personal laws reflect the unique needs and aspirations of different communities and should be respected as an expression of their distinct identities
- ritics also argue that a UCC might disregard the complexity and diversity of personal matters, such as marriage, divorce, and inheritance
- Different communities have developed specific legal frameworks over centuries, which consider their social and cultural norms. Imposing a uniform code could lead to the loss of such diversity, thereby stifling cultural expression and traditions.
4. Conclusion
The question of whether a Uniform Civil Code is "unnecessary and undesirable" or "justice for all communities" is complex and multifaceted.
While proponents argue that a UCC ensures equality, justice, and social cohesion, opponents stress the importance of respecting religious and cultural autonomy.
Striking a balance between promoting equitable justice and safeguarding cultural diversity is a challenging task for any society
Ultimately, the desirability and necessity of a UCC depend on a country's unique context, historical background, and societal aspirations
It is essential to engage in inclusive and informed dialogue, involving all stakeholders, to find a path that
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