Uniform Civil code

Author : Naresh Baliga B, Intern at Student of the BAR; Student of SDM Law College, Mangalore.

Editor : Vidya Puthran, STUDENT OF THE BAR.

Introduction :

Uniform Civil Code is a proposed Bill in India to replace personal laws of citizens based on religion with a set of common laws which apply on all citizens equally regardless of their religion .A uniform civil code here 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 .The idea comes from Article 44 of the Constitution, which is one of the Directive Principles of State Policy. It provides that the State shall endeavor to secure for all citizens a Uniform Civil Code throughout the territory of India.

According to constitution of India :

Uniform Civil Code (UCC) is defined in our Constitution under Article 44 of Directive Principles of State Policy. It states that it is the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India. In other words we can say that it means one country one rule .The constitution has a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

Advantages of uniform civil code in India:

1. To provide equal status to all citizens: In the modern era, a secular democratic republic should have common civil and personal citizens irrespective of their religion, class, caste, gender etc.

2. To promote gender equality: It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. Uniform civil code will bring both men and women at par.

3. To accommodate the aspirations of the young population: A contemporary India is a totally new society with 55% of its population is below 25 years of age. Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity .Their view of shedding identity on the basis of any religion has to be given a serious consideration so as to utilize their full potential towards nation building.

4. To support the national integration :All Indian citizens are already equal before the court of law as the criminal laws and other civil laws (except personal laws) are same for all. With the implementation of Uniform Civil Code, all citizen will share the same set of personal laws. There will be no scope of politicization of issues of the discrimination or concessions or special privileges enjoyed by a particular community on the basis of their particular religious personal laws.

5. To bypass the contentious issue of reform of existing personal laws: Existing personal laws are mainly based on the upper-class patriarchal notions of the society in all religions. The demand of UCC is normally made by aggrieved women as a substitute for existing personal laws as patriarchal orthodox people still deem the reforms in personal laws will destroy their sanctity and oppose it profusely.

Conclusion :

A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies

Article 44 of the Constitution of India requires the state to secure for the citizens of India a Uniform Civil Code throughout the territory of India. As has been noticed above, India is a unique blend and merger of codified personal laws of Hindus, Muslims, Christians, Parsis.

However, there exists no uniform family-related law in a single statutory book for all Indians which is acceptable to all religious communities who co-exist in India. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with the dignity that he deserves; something which personal laws have so far failed to do.

The principle is to treat each person equally and everyone is protected by just, fair and predictable laws. Times have changed, societies have changed and it is high time that laws change. Education, economic prosperity, agricultural improvements, cross border migration, and western influence has spread its hand over every nook and corner of Urban India.

On the flip side, rural settlements are still struggling with adherence to customary and superstitious beliefs in family matters. A uniform civil code will not only change the entire perception of how families are governed but also change the lives of millions by filling the lacunas in various religious laws. As Justice Y.V. Chandrachud, rightly remarked, "a common civil code will also help in strengthening the cause of national integration by removing conflicting interests."