UNIFORM CIVIL CODE ( UCC ) :- APPLICATION & IMPLEMENTATION
Vajahat Khan, 4th year BALLB (H) student at Jamia Millia Islamia.
Mohammad Junaid Mahmood, 4th year BALLB (H) student at Jamia Millia Islamia.
ABSTRACT
The concept of having a uniform or common set of civil rules for all citizens of a country, regardless of their religious beliefs or personal habits, is emphasized by the term “Uniform Civil Code” (UCC). It aims to replace India’s various personal laws, which are based on religious texts and apply to particular religious communities. In India, different religious communities, including Hindus, Muslims, Christians, and others, have different personal laws covering issues like marriage, divorce, inheritance, and adoption. These personal laws are governed by religious authority and are taken from religious literature. As a result, the legal systems used by various religious communities to handle civil disputes vary. A Uniform Civil Code’s supporters contend that by providing all citizens with a uniform legal system, it advances equality and justice. They contend that gender inequality and discrimination against women are caused by personal rules based on religion, notably in relation to divorce, inheritance, and maintenance. The possible interference with religious liberty and cultural variety is a point of contention for those opposed to a uniform civil code. They contend that personal laws should coexist with the general civil code since they are a crucial component of religious identity. Some claim that a Uniform Civil Code might be utilized to force the cultural norms of the dominant society on minority communities. For many years, there has been discussion about the introduction of a uniform civil code in India. Under the Directive Principles of State Policy in Article 44 of the Indian Constitution, a uniform civil code must be passed. However, due to political and societal factors, succeeding governments have not made any substantial progress toward its implementation. It is significant to remember that the idea of a uniform civil code is not exclusive to India and has been adopted by many other nations around the world. Establishing a secular legal system that upholds the values of equality, non-discrimination, and individual rights while honoring a country’s diversity is the goal.
The principle of having a uniform set of laws governing personal concerns, such as marriage, divorce, inheritance, and property, for all individuals regardless of their religious views is the Uniform Civil Code’s (UCC) most important lesson from an Indian perspective. In a multicultural and diversified nation like India, the UCC seeks to advance equality, justice, and a more united judicial system. Its execution, though, has generated discussion and is still a complicated and divisive issue in Indian politics and society.
‘Unity and secularism will be the motto of the government. We can’t afford divisive polity in India.’ Manmohan Singh