What Is the Uniform Civil Code

An interfaith marriage performed by petitioners seeking court protection was recently ordered by India’s Allahabad High Court to comply with Article 44 of the country’s Constitution (the Uniform Civil Code). Justice Suneet Kumar’s bench has suggested the adoption of the United Nations Convention on Civil and Political Rights (UCPR) because of the range of marriage and family laws in India and other nations where the UCPR is recognised.

This article will discuss what is the Uniform Civil Code and its pros and cons.

What Is Uniform Civil Code: The Pros of the Uniform Civil Code

UCC in India aims to replace the multiple sets of personal laws based on religious traditions and texts with one set of norms that apply to all people.

The pros of the Uniform Civil Code are as follows:

• A secular republic like India needs a common law system that applies equally to all citizens, rather than creating various rules for different religious groups.
• It is typical for religious laws to restrict women’s rights, regardless of their faith. Males, for instance, are prioritised in succession and inheritance.
• Human rights observances are often at odds with the liberties guaranteed under India’s Constitution.
• The courts have also proposed a Uniform Civil Code to the government. Consider the Shah Bano case.
• Article 44 of the Constitution provides for Indian citizens to a single civil code throughout India. Policymakers have made this a fundamental principle of their work (DPSP). The courts have no power to intervene. The legislature can pass legislation that makes UCC law.
• UCC’s national unification would make it feasible to achieve the goal of “One Nation, One Law.”. Religious groups cannot claim to have their own set of laws because India believes in a single nation. In this way, national integration will be fostered.
• There are more than half a billion people under 25. Humanity, equality, and modernity are at the centre of their society’s principles and aspirations. If they are to be used in nation-building activities, they must be respected.

What Is Uniform Civil Code: The Cons of Uniform Civil Code

The cons of the Uniform Civil Code are as follows:

• Religions, nationalities, and castes coexist peacefully in India. Thus, it is very hard to set universal standards for personal issues like marriage because of the wide range of cultural perspectives. It is necessary to convince every culture to throw off centuries-old traditions to implement new laws.
• Religious minorities see the United Church of Christ (UCC) as compromising their religious freedom. They fear that mainstream religious doctrines and practices may override their customs and beliefs.
• When it comes to religious freedom, governmental interference is strictly prohibited. This right would be violated if UCC were implemented.
• A sensitive and difficult procedure is required to draw from various personal laws, make gradual revisions to each, issue court pronouncements, and ensure gender equality while developing the United Nations Convention on Contracts for the Trade of Goods. Human resources are up against a mountainous task.
• The administration must always display empathy and impartiality while dealing with the majority and minority communities. A rift in the community might develop otherwise.
• Since there are continuing discussions over beef bans, curriculum revisions in schools and colleges, and topics like “love jihad,” now isn’t the best moment to do it. With the introduction of UCC, Muslim communities would be more vulnerable to extreme and fundamentalist ideas.

The Law Commission’s Recommendations Regarding Uniform Civil Code

• It ensures that national diversity is balanced with universal human rights.
• It urged the codification of all personal laws to uncover religious prejudices and assumptions.
• The Constitution’s fundamental rights test them for the first time.
• This strategy may be used to arrive at certain universal truths.
• Equality over the UCC’s imposition may be simpler to achieve with the help of these factors.
• If the legislation were more well understood, fewer individuals would take advantage of it. Consider that divorce and marriage issues may also be addressed outside the courts. As a result, a team of experts suggested modifications to the law regarding marriage and divorce.
• Setting the legal age of marriage to 18 for both sexes so that they may be equal partners.
• Making infidelity grounds for divorce for both men and women.
• Streamlining the divorce procedure.
• Prohibiting polygamy across the board was recommended.

Conclusion

Personal law reforms must begin with community enlightenment before any changes can be made.

An essential part of preparing for this transformation is the democratic reform and strengthening of current institutions. For real gender equality, women of all faiths should be accorded the same consideration as men. Plural democracy is what makes modern India what it is. Since India’s population is so varied, efforts should encourage togetherness rather than enforce uniformity.