One Nation, One Law : Uniform Civil Code
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Our India is a diverse country with various religions and ethnicity living within its borders. Being a secular country, the laws should be equal for all citizens irrespective of religion, caste or gender.
A Uniform Civil Code (UCC) is a single law, applicable to all citizens of India in their personal matters such as inheritance, marriage, divorce, adoption and custody. It aims to provide a common law, by replacing the fragmented personal laws of different religion.
It is defined in Part-IV of Indian Constitution as Directive Principles of State Policy under Article-44, "The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India".
Article-37 of Indian Constitution briefs that the DPSP is not enforceable by court. But courts of India have been prompting successive government to bring in a UCC. Even many women are in urge for it. In fact, the demand of UCC was observed in judgement pronounced in Shah Bano case on 1985.
People belong to minority religions claim that the UCC is a conspiracy from the political parties such as BJP, RSS. But, the fact is none of the members in the Constituent Assembly are from BJP or RSS. And the courts which gave judgements against Shariah were not controlled by such political parties.
Even many learned Muslim scholars express that the codification of Shariah laws has not come from Quran alone. They also stated that the Shariah laws reflect the traditions of Arabic societies of ancient time. Few Islamic countries have outlawed many clauses in the Shariah.
In a secular democratic country, no religious law can be above the constitution. We people are accepting the uniform criminal laws. Then why can't we agree with uniform civil laws?
People may think that the concept of UCC indirectly pokes religion. But when we go deeper, we can realize that, it prods the suppression of women in certain religions.
Personal laws provides many loopholes in committing offences. Take the case of Sarla Mudgal vs Union of India, 1995, in which four Hindu men converted into Islam to undergo second marriage,while the first wife exists. Implementation of UCC would eradicate these sort of offences.
Still many people claim that the UCC infringes the fundamental rights, it violates the "Right to freedom of religion" (Article-25,26,27&28). They have to realize that their personal laws also violates the fundamental right of "Equality before law" (Article-14).
Salient features :
• It provides equal status to all citizens.
• It promotes gender equality.
• It accommodates the desires of young population and to utilize their full potential in Nation building.
• It bypass the issue of reform of existing personal laws.
• It encourages national integration.
The most admirable thing is one of the states of India, already progressing with UCC. Goa, is the only state in India with a uniform civil code. The Portuguese civil code, 1867, which continues to be implemented, even after India annexed the territory in 1961. It applies to all Goa people, irrespective of their religions or ethnic community.
Let's hope for better Uniform civil code, based on universal principles of equality before law. And this implementation can ascertain the secular nature of our nation.
Thank you !!!
Meet you again...
JAI HIND...!!!
Our India is a diverse country with various religions and ethnicity living within its borders. Being a secular country, the laws should be equal for all citizens irrespective of religion, caste or gender.
A Uniform Civil Code (UCC) is a single law, applicable to all citizens of India in their personal matters such as inheritance, marriage, divorce, adoption and custody. It aims to provide a common law, by replacing the fragmented personal laws of different religion.
It is defined in Part-IV of Indian Constitution as Directive Principles of State Policy under Article-44, "The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India".
Article-37 of Indian Constitution briefs that the DPSP is not enforceable by court. But courts of India have been prompting successive government to bring in a UCC. Even many women are in urge for it. In fact, the demand of UCC was observed in judgement pronounced in Shah Bano case on 1985.
People belong to minority religions claim that the UCC is a conspiracy from the political parties such as BJP, RSS. But, the fact is none of the members in the Constituent Assembly are from BJP or RSS. And the courts which gave judgements against Shariah were not controlled by such political parties.
Even many learned Muslim scholars express that the codification of Shariah laws has not come from Quran alone. They also stated that the Shariah laws reflect the traditions of Arabic societies of ancient time. Few Islamic countries have outlawed many clauses in the Shariah.
In a secular democratic country, no religious law can be above the constitution. We people are accepting the uniform criminal laws. Then why can't we agree with uniform civil laws?
People may think that the concept of UCC indirectly pokes religion. But when we go deeper, we can realize that, it prods the suppression of women in certain religions.
Personal laws provides many loopholes in committing offences. Take the case of Sarla Mudgal vs Union of India, 1995, in which four Hindu men converted into Islam to undergo second marriage,while the first wife exists. Implementation of UCC would eradicate these sort of offences.
Still many people claim that the UCC infringes the fundamental rights, it violates the "Right to freedom of religion" (Article-25,26,27&28). They have to realize that their personal laws also violates the fundamental right of "Equality before law" (Article-14).
Salient features :
• It provides equal status to all citizens.
• It promotes gender equality.
• It accommodates the desires of young population and to utilize their full potential in Nation building.
• It bypass the issue of reform of existing personal laws.
• It encourages national integration.
The most admirable thing is one of the states of India, already progressing with UCC. Goa, is the only state in India with a uniform civil code. The Portuguese civil code, 1867, which continues to be implemented, even after India annexed the territory in 1961. It applies to all Goa people, irrespective of their religions or ethnic community.
Let's hope for better Uniform civil code, based on universal principles of equality before law. And this implementation can ascertain the secular nature of our nation.
Thank you !!!
Meet you again...
JAI HIND...!!!
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