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Uniform Civil Code: Why needed

Uniform Civil Code is a code which is uniformly applicable to all the citizens regardless of Religion and local custom. Uniform civil code aims to remove the personal law of Religion which makes the differences in the society based on the religion and increases diversity which is harmful to society. The main aim of Uniform civil code is to One Country one rule applied in the society. Uniform Civil code treats everyone equally. The term Uniform Civil code is mentioned in Part 4 of the Indian Constitution, Article 44 of the Indian Constitution deals with it.

Article 44
"The State shall endeavour to secure for the citizens a Uniform civil code through the Territory of India"

Article 44 is the Directive Principle of State Policy which directs the State to establish the Uniform Civil Code but as it is not enforceable it does not create State any binding effect to establish Uniform Civil Code. This has also become the most debatable and controversial topic in todays society.

The Debate on Uniform Civil code starts from the very beginning of 19th Century date backs when the Codification starts by the Queens Proclamation when the Personal laws of Hindu and Muslim are kept aside of Codification even the criminal laws are codified but the Personal laws are yet governed by codes of different society, This was the condition of Uniform Civil Code in Pre Independence Era.

Development in Post Independence times
During the time when Constitution was drafting the leaders like Jawahar Lal Nehru and BR Ambedkar also focuses on Uniform Civil Code and mentioned it in Article 44 as a Directive [1]Principle of State Policy under Part 4 of the Indian Constitution.

Some Reforms were the:
  • Hindu Marriage Act
  • Hindu Succession Act
  • Adoption and Maintenance Act
  • Special Marriage Act

Why UCC needed
As by these personal laws the society has been divided into different sects based on Religion, Hindus were governed by Hindu Law and Muslims were governed by Muslim law which divided the society and the sense of unity is not being developed which is also threatens to the Integrity of the State and even the religion conflicts also started regarding the superiority of the personal laws so the need of Uniform Civil Code arises in the society and now has became necessary for the Society.

Uniform Civil Code would reinforce the Secularism in India which is also the Object of Indian Constitution mentioned in Preamble. Uniform Civil Code is needed because there is too much unconstitutional provisions in the Personal law which is inconsistence to the constitution. Many Customary practices which are threat to society is also being followed by the Uniform Civil Code they should be made Unconstitutional and should become void too perform.

Hardrocks In Implementation Of Uniform Civil Code
Diversity of the Nation
India is a vast nation with the diversity in the religion which is a challenging factor in Implementing the Uniform Civil Code because every Religion has its Customary practices which they follow from immemorial time and is connected with religious sentiments. To manage the Uniformity is the hard task but important as well for the integrity of the state.

Religious freedom
Many Religion and Minority groups finds Uniform Civil Code as the Infringement of there religious rights granted under Article 25 of the Indian Constitution which guarantees the freedom of conscience and free profession,practice and propagation of religion.

Unawareness in People

There is too much unawareness in people that by the implementation of Uniform civil code there rights would be infringe, this is all because of unawareness among the people.

The establishment of the uniform civil code, a body of regulations that apply to all people regardless of faith, has been a contentious issue in many nations. While supporters tout its benefits, there are also a number of drawbacks to take into account.
  1. Diversity of cultures and religions
  2. Potential interference with personal liberty
  3. Limited representation; [1]
  4. Challenges with implementation;
  5. Possibility of societal strife
  6. Failure to consider specific historical context
The influence of a unified civil code might differ based on the particular conditions of each country or community, so it's vital to keep in mind that this list of drawbacks is not all-inclusive. To ensure a fair and balanced approach, it is important to thoroughly weigh the benefits and drawbacks.

Merits Of Uniform Civil Code
Despite the drawbacks previously indicated, advocates for a uniform civil code argue in favor of its adoption for the following reasons:
  1. Secularism and equality before the law
  2. Gender equality
  3. Simplicity and effectiveness
  4. Individual rights defense
  5. Strengthening intercountry cooperation
  6. Adherence to international norms

It is significant to remember that the scope of these benefits could differ based on the unique conditions and setting of each nation. While attempting to create a just and equitable legal system, the adoption of a unified civil code should take into account the worries and safeguard the rights of all citizens.

Integrity Of Nation
A unified code is necessary for the Integrity of Nation, One Code for One nation is a concept which binds the people by removing the personal law, Personal law divides the nation into religion sections.

UCC maintains the Secular principle of the nation and makes the unity in diversity because it makes the personal law void which discriminates on the basis of Religion.

Simplification In Law
By the enactment of Uniform Civil Code the complexity of Personal laws would become void and a new and simple law would be made which would be of Gender equality in nature and deals with the subject matter of Marriage, Divorce, Succession etc.

There is a need for the Uniform Civil Code because the personal laws are promoting the communalism which leads to discrimination on the basis of Religion as well as on the basis of Sex, which is also being seen in different cases reported.

Shah Bano Case (1985)
In this case, a 73 years old women named Shah Bano was divorced by her husband using Triple Talak method by Pronouncement of Talak three times and then denied her for maintenance, In this Case Supreme Court by Section 125 of Criminal Procedure Code under the provision of maintenance of wives and children orders the husband of Shah Bano to maintain her and for the establishment of Uniform Civil Code because the issue arises was that according to Muslim law a Muslim women will maintenance only till Iddat Period that is only 90 days after the Divorce and under section 125 it is for the maintenance of women not for the specific times mentions, which leads for the need for Uniform Civil Code to remove the complications of this situation

Daniel Latifi Case
In this case, the Muslim Womens Act was challenged which talks about maintenance only till the Iddat Period and the court held that the Maintenance would be far enough so that women could maintains her during her lifetime.

Sarla Mudgal Case
In this case it was held that Solemnising second marriage in Punishable under Section 494 of Indian Penal Code and a conflict arises between Hindu Personal law and Common law and a need for Uniform Civil Code arises.

Uniform Civil Code Bill, 2018
UCC bill comes in 2018 by the BJP in Lok Sabha with the aim of having a common code for every citizens who is residing in India irrespective of Sex,religion etc.

It aims at implementing Article 14 that is Right to Equality and Article 15 which is discrimination on the ground of race,sex,place of birth etc. and eliminating personal law to remove the diversity and to generate the sense of unity among them.

Possible Solutions For Implementing UCC
  • Deliberation
    Government would deliberate and discuss with the people and leaders  of different religion and solve the complication.
  • Spreading Awareness
    Government would plan a campaign for increasing the awareness in the citizens and make them aware that why the Uniform Civil Code is necessary.
  • Constitutional Validity
    Government would make the Uniform civil code as a Constitutional so that it couldn't infringe the rights of any citizen and should made consistent with the Constitution
Uniform Civil Code aims to make a law uniform to all religion and to abolish the Personal law which leads to unity in Nation. Uniform Civil Code Promotes one nation one law concept even our Constitution promotes the concept of Uniform Civil Code mentions in Part 4 of the Constitution of India in Article 44. Uniform Civil Code removes all the complexity between the personal law by making a unified law consistent with the Constitution.

In today's society the needs for Uniform Civil code is growing vastly. There should be a code which is equals to every religion and sex which deals with the subject matters involve in Personal law. Uniform Civil Code applies to all citizens regardless of their belief or local custom following the principle of "One Nation One Law" in society which means everyone is treated equally. Uniform Civil Code has become most contentious and divisive issue in todays society.

  1. Sarla Mudgal, & others. v. Union of India
  2. Mohd Ahmed Khan vs Shah Bano Begum(1985)
  4. Article 44 of Indian Constitution
  5. Iblog Pleader https /
  6. Drishti IAS (IAS)

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