The Uniform Civil Code aim to create a single set of laws that would apply to everyone. Basically it refers to a proposed set of laws that would govern all personal matters in India. Regardless of religion, gender, or factors such as marriage, divorce, inheritance, and adoption. This would ensure that all citizens are treated equally and no inequality or discrimination prevails.
The future of the UCC in India is uncertain and has been debated in India for many years. Though the main aim of Uniform Civil Code (UCC) is to protect vulnerable communities while promoting national unity and harmony. The vision is inspired by the vision of Ambedkar. Currently Goa is the only Indian state that has a uniform civil code. It has been in place since the state’s independence from Portugal in 1961.
What are the main arguments about UCC?
- The main argument against a UCC is that it would violate the right to freedom of religion. Article 25 of the Indian Constitution guarantees the right of every citizen to practice their religion freely.
- Personal laws are often closely linked to a community’s religious and cultural traditions. UCC would replace these laws with a single, uniform code, which could be seen as a threat to the community’s identity.
- The principle of “one nation, one law” cannot be fully implemented if the codified civil and criminal laws, such as the CrPC (Code of Criminal Procedure) and IPC (Indian Penal Code), do not align with this concept.
- All India Muslim Personal Law Board (AIMPLB) has refrained from reacting to Prime Minister Narendra Modi’s current call for Uniform civil code. The Jamaat feels that the UCC would affect all Indians, including the vast tribal population, and that it is important to ensure that the code is fair and equitable to all.
What does the Indian Constitution say about UCC?
Articles 25-28 of the Indian Constitution guarantee the right to freedom of religion to all citizens of India. By protecting the right of religious organizations it allows the citizens to manage their own affairs. While Article 44 of the Constitution applies directive principles and common law for all citizens while establishing a nation’s policies.
There has been a constant drift and complexity between both the articles. Though the establishment of UCC inspires hope for the LGBTQIA+ population in India as the code projects no discrimination.
Conclusion
The Uniform Civil Code is not a new idea. It was first proposed by the Constituent Assembly of India in 1947. While it has been supported by some prominent Indian leaders, there have been equal objections to it. The future uncertainty is subjected to be answered in the near time. Currently Uttarakhand has already started the process as the draft is already prepared. Soon the UCC will be brought to work in Devbhoomi Uttarakhand.