The idea of a uniform civil code, which should be applied to all religious communities, is one country, one rule. In Part 4, Article 44 of the Indian Constitution, the phrase “Uniform Civil Code” is mentioned explicitly. The State shall endeavor to secure for the Citizens a uniform civil code throughout the territory of India, as stated in Article 44.
A national civil code that is uniformly applicable to everyone is referred to as a “Uniform Civil Code,” and it states that all segments of society, regardless of their religious beliefs, shall be treated equally under this national civil code.
Marriage, divorce, maintenance, inheritance, adoption, and property succession are all covered. Its foundation is the idea that in contemporary civilization, there is no connection between religion and the rule of law.
Possible barriers to India enacting a uniform civil code for its citizens include:
- There is no common ground: Finding a common ground between different communities is extremely difficult. The customary practices of different communities vary greatly. It is difficult to carry all people with a common accepted code.
- There is concern that the uniform civil code will infringe on the fundamental rights of freedom of conscience, free profession, practice, and propagation of religions (Article 26), and freedom to manage religious affairs (Article 25).
- Religious opposition: This is one of the most obvious and minor obstacles to bringing up the UCC. Fundamentalism, which is deeply rooted in many Indian religions, does not appear to be fading even in the twenty-first century..
- Political willpower: The government must be willing to face the consequences of repealing the major religions’ personal laws, as well as persuade the people of the justice and reform they seek to bring to society in order to grow as a nation.
- Due to India’s tremendous cultural diversity across religions, sects, castes, and states, it is practically impossible to develop a common and uniform set of rules for personal issues such as marriage.
- Perception of the UCC as an infringement on religious freedom: Many communities, particularly minority communities, see the Uniform Civil Code as an infringement on their religious freedom rights. They are concerned that a common code will disregard their traditions and impose rules dictated and influenced primarily by the majority religious communities.
- Sensitive and difficult task: In order to be true to its spirit, such a code must be created by freely borrowing from various personal laws, gradually changing each, issuing judicial pronouncements ensuring gender equality, and adopting expansive interpretations of marriage, maintenance, adoption, and succession while acknowledging the benefits that one community secures from the others. This task will be time and human resource intensive.
- False assumptions: Many people still do not understand what the uniform civil code actually means. There are still misconceptions about it, particularly among minorities. UCC is also perceived by some minorities as imposing the Hindu code and procedures, which adds to their opposition. This makes rational debate of its implementation difficult.
What need to be done:
- Awareness: Significant public awareness efforts are required to reform current personal law reforms, which should be initiated first by the communities themselves.
- Gradual approach: The social transformation from disparate civil codes to uniformity must be gradual and cannot occur overnight. As a result, the government must take a “Piecemeal” approach.
- The Law Commission’s recommendations: The commission emphasizes initiatives to reconcile the country’s diversity with universal human rights arguments. It advocated for the codification of all personal laws:
- So that prejudices and stereotypes in all religions can be exposed.
- They will eventually be tested against the anvil of the constitution’s fundamental rights.
- It may aid in the development of certain universal principles.
- These may make it easier to prioritize equality rather than imposing UCC.
India has a distinct blend of codified personal laws of Hindus, Muslims, Christians, and Parsis. There is no uniform family-related law for all Indians in a single statute book that is acceptable to all religious communities that coexist in India. However, the majority of them believe that UCC is highly desirable and would help to strengthen and consolidate Indian nationhood. The disagreements concern the timing and manner in which it should be realized.
Rather than using it as an emotional issue to gain political advantage, political and intellectual leaders should try to reach an agreement. The issue is not one of minority protection or even national unity; it is simply one of treating each human being with dignity, which personal laws have so far failed to do.
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