What is Uniform civil code?
India is a diverse country. It has multiple ethnicities and multiple religions. People from different cultural backgrounds follow different practices. This diversity is also be seen in the legal system of the country. The laws in India are diverse and are based on personal laws keeping in mind religious considerations. Article 25 of the Indian Constitution defines India as a secular nation by giving equal freedom to practice and propagate a religion without discrimination.
Article 44 of the Directive principle state policy says that “State shall endeavor to provide for its citizens a Uniform Civil Code (UCC) throughout the territory of India. The objective is to address the discrimination against vulnerable groups and harmonize diverse cultural practices in India.
Implementation of the Uniform Civil Code in India will set a law to govern the personal matters of all citizens irrespective of religion. Personal laws are different from public laws as they cover marriage, inheritance, adoption, divorce, and maintenance. India practices a model of secularism in which it has made special provisions for people of different religions. The main idea behind Uniform Civil Code is to treat everyone equally irrespective of religion.
The announcement I'm going to make is a resolution of my party & will be fulfilled as soon as the new BJP govt is formed. To keep the culture and heritage of 'Devbhoomi' intact is our prime duty, we are committed to this: CM Pushkar S Dhami, in Khatima #UttarakhandElections2022 pic.twitter.com/CpQoktt2Ml
— ANI UP/Uttarakhand (@ANINewsUP) February 12, 2022
The debate around Universal Civil Code
The first argument is that the time is not correct. There is a lot of mistrust in the country. The people of the country question the true intentions of the government. We still can’t say if the Uniform Civil Code is being discussed to bring a common law or promote majoritarianism. The saffronisation of school and college curriculums love jihad, and other such issues instill a lack of confidence in the government. It is imperative for the government to openly communicate its plans with its citizens and make decisions based on them.
Secondly, while Uniform Civil Code seems like a good principle, we don’t know what it will look like. Will it pick out the better practices from all religions? If so, what will it entail? It all seems pretty vague at the moment. There is a lot to think about and understand.
Many UCC supporters in India claim that it will bring gender reform. They believe that it will empower and create more independent women. However, with the law of ‘love jihad’ being passed, how can we trust that the government has good intentions at heart. If in the present, UCC comes with a Hindutva narrative that would do more harm than any good that it plans to bring.
There is a need to rethink and analyze what we want and if we need Universal Civil Code right now. There is already a lot of unrest and mistrust among the people. There is an alternative to this, a change from within. If we feel that personal laws are not gender progressive, we can have multiple organizations within and outside the realm of religion to reform the personal laws themselves.
Edited by- Subbuthai Padma
Published by- Radhika. N
