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UNIFORM CIVIL CODE (UCC)
Private members’ bill on UCC was introduced in Rajya Sabha. The bill seeks to provide for consultation of the National Inspection and investigation Committee for the preparation of UCC and its implementation throughout the territory of India.
It aims to do away with religion-based personal laws. Discuss the arguments in favour and against UCC. -
2 Replies
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Uniform Civil Code refers to a single law, applicable to all citizens of India in their personal matters such as marriage, divorce, Custody, adoption and inheritance.
- It is intended to replace the system of fragmented personal laws, which currently govern interpersonal relationships and related matters within different religious communities.
Arguments in favour of UCC
- It promotes national integration.
- Simply present laws that are segregated at present based on religious beliefs.
- To make judicial pronouncements enforceable (Mohd. Ahmed Khan v. Shah Bano Begum, 1985 etc.).
- Strengthen gender justice as the religious or customary personal laws are mostly biased in favour of men.
- To make Article 44 (Directive Principle of State Policy) in the Indian constitution enforceable.
- Which states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
Arguments against UCC
- Parliament does not have exclusive jurisdiction over Personal laws’ as it is mentioned in the Concurrent List.
- In contradiction to Article 25 (individual’s fundamental right to religion), Article 29 (right to conserve distinctive culture)
- Some also argue it is against the diversity of the country.
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Uniform Civil Code means a common set of laws governing personal matters irrespective of religion. The term “Uniform Civil Code” addresses matters such as marriage, divorce, child support, inheritance, adoption, and property succession. Article 44 of the Indian Constitution specifically mentions the term “Uniform Civil Code.” Shah Bano case (1985) was a step forward in the implementation of the UCC and sparked a debate concerning women’s rights and the interpretation of the equality principle.