what is Uniform Civil Code? and Can we implement Uniform Civil Code in India?
Uniform Civil Code or UCC is one of the current debatable topics of our country. So what does Uniform Civil Code mean? it implies that there should be same or uniform laws for all the citizens of the country irrespective of their caste, creed, religion, color or gender.
Article 44 of the Directive Principles expects every state of the country to implement these rules while formulating policies for the country. This is an important aspect regarding the fundamental right to practice religions which are written down in article 25. The Uniform civil code is an important issue for secularism in India.
Why Uniform Civil Code is debatable?
The right to practice religion become a controversial topic in Indian politics during the controversial Shah Bano case of 1985. Article 44 of the constitution guarantees UCC to all citizens of the country. The biggest challenge is the implementation of Uniform civil code with hampering the fundamental rights of a person to practice religious functions.
India is a country with diverse culture & traditions and all culture and religions have their own set of rules & laws to follow as a result which makes it difficult to manage.
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Advantages and disadvantages of Uniform Civil Code:
Secular Country :
India is a country of diverse culture and is divided into various regions and religions. All of them have their own set of laws which make our country selective secular but by implementing UCC it would make India more secular.
By implementing UCC we can implement many modern laws which couldn’t be forced till now due to various religions and their beliefs. If all the citizens of the country are treated equally and have to follow same rules then it wouldn’t let politicians use religion as a weapon during elections (which they do) and will eventually reduce ‘Vote Bank Politics’.
Protection of Rights :
Instead of fighting over particular issues like marital separation, child care responsibilities in personal laws, through UCC. The government can ensure gender equality, protection of socially disadvantaged sections, etc. Personal laws made for different religions to follow is nothing but a way for powerful people to suppress the weaker sections of the society. Hence will get reduced.
Other Countries :
UCC implied in other countries is a clear sign that it could be of good help in the development of the country.
Help women :
Some of the personal laws do not follow gender equality and are discriminatory to women. Uniform Civil Code (UCC) can solve this problem.
Risk of Fundamental Rights :
If the certain set of rules or laws are implied on the people that breach their own religious laws. It would be against the Fundamental Right of Freedom from the Constitution of India.
Majority of the population of our country loves history because it serves as an exit route for them from dealing with modern problems. Therefore, such people won’t let make modern laws and it would be difficult the implement the UCC.
It is difficult to make people follow uniform laws as because they’re strong religious believes which makes them believe in only their religious laws. If people are made to follow the uniform laws apart from their religious laws people will stop believing in religion and customs & eventually religion will lose its importance.
In a diverse country like India, homogenization may not be suitable and may threaten the continuity of distinct cultures.
Although the need for a UCC may appear to be the need of the hour in the wake of the triple talaq ruling by the Hon’ble Supreme Court. It should not be forgotten that in a diverse country like India. Laws where the personal laws deviate even within a religious order, it is next to impossible to enact a uniform law which rights all the wrongs and even more so to convince the people to follow such a law.
The hope in such times can be the enacting of separate laws and legislation for individual religious orders. An example of which is the Hindu Marriage Act, which can truly concentrate on righting the wrongs while maintaining the minority’s belief in the credibility and intents of the government.