Uniform Civil Code
Uniform Civil Code is a hot cake again these days and the concept of UCC is getting debated. For a long time, different groups have been expressing their views on it and it seems that there is a lot of confusion among different groups associated with different communities when it comes to the Uniform Civil code. The best part of all these heated debates that we can see on different channels is that most of the people who are representing different sections of society merely know the details when it comes to UCC and thus most of the time you will find them going in a different direction, which creates chaos like situation as the viewers formulate their views according to what they hear in form of debate, as the trend of reading is not seen these days.
History Of UCC
When it comes to a uniform civil code then the origin can be found back in the colonial British government in its report submitted in 1835, in which they had expressed the need for a uniform code in India when it comes to crime. Evidence and contracts, however here in this report it was expressed that the personal laws of Hindus and Muslims must be kept outside it, however, after the end of the British era with the increase in legislation dealing with personal issues a Hindu code bill was drafted on the basis of recommendation of Rau committee and was adopted as part of the constitution in 1951, after that couple of amendments were made in terms of Hindu succession act and in the year 2005, it was amended that daughters will be allotted the same share in the property of her father.
Before we understand UCC and its importance, we need to first understand about personal laws and personal laws are laws that apply to a certain group of people on the basis of their religion, caste, faith and belief and when it comes to two major populations of India the source and authority of their religious belief are their ancient texts.
There are many parts like succession. Adoption, inheritance , marriage, co-paring obligation, partition in family property, guardianship and charitable donations etc.
It’s also important to quote that personal laws were first framed during the British period and they refrained to interfere in matters related to personal laws as they feared the opposition from religious leaders from different communities, however, any law changes with time as any law is made by humans and the need of humans keep on changing. So law needs to be amended over a period of time on the basis of human needs, as the main purpose of any law is to make the life of an individual better.
Effect of UCC
Current different sections follow different practices when it comes to personal Laws and the latest the triple talaq was something that caught the interest of many individuals as different communities have different laws when it comes to personal laws and the absence of UCC makes many individuals suffer.
However, the concept of UCC is to simplify the complex personal laws and treat every Indian in the same manner when it comes to Law, as everyone is equal when it comes to the constitution and no one can be treated differently on the basis of caste, creed or religion. It’s supported by Article 44 of the Indian constitution. As article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
Is UCC a boon or bane for India
India is a sovereign, socialist, secular, democratic, republic. This means that the State does not have a religion of its own and every citizen is equal, however, it’s important to understand that UCC is not going to interfere in any mundane monotonous activities of day-to-day life and there is no way that UCC is going to affect the man’s belief and the best example in the USA and Europe, as the doctrine of secularism in these countries, do not interfere in matters of religion, however, there is no scope to tarnishing the rights of any individual no matter what on the basis of any personal law.
There is no doubt about the fact that there is a high need for UCC in India as India can only be a truly secular country in the true sense only when all the communities belonging to different religions follow the same law both for criminal and civil matters, as the UCC is not going to affect religious freedom. It will help in bringing changes in the age-old traditions that have no relevance in today’s modern society, where women should be given equal rights and should be treated fairly. A uniform civil code in India will ensure not division on the basis of religion but unity by creating a feeling of nationality.