India

 Uniform Civil Code


Challenges of uniform civil code (UCC)

Uniform civil code is a civil law code  which has been envisioned in Indian constitution under Article 44 . Its vision is to create a uniform civil code which will be applicable to all the citizens transcending linguistics , religious, regional barriers . It has been a hot topic of debate among the civil society and obviously among political parties who have used this topic extensively as their political propaganda . But there are many challenges of uniform civil code which we need to consider while heading anyway towards implementing UCC .

 

What are the constitutional provisions ?

UCC has been explicitly mentioned in Article 44 of the constitution . It has been included in the Part IV of the constitution which contain Directive Principles of State Policy ,along with the other provisions meant for states to keep in mind while formulating principles .

Law Commission views 

 Law commission earlier held the stand that the uniform Civil Code neither necessary nor desirable at this stage . Although it had argued in favour of reforming family laws to make them more gender just . But now the new Law commission (22nd) has been formed to look into the issue afresh. 

Arguments in its favour 

India being a democratic and quasi federal country has provided for single constitution , single citizenship  and single Criminal code  for the whole country which is defended by an integrated judiciary . Having materialized the slogan of "Ek desh, Ek Vidhan ,Ek Nishan " (one country , one constitution , one flag ) a popular slogan given by Independent India's First Industry and commerce minister SH. Shyama Prasad Mukherjee  ,  there are many voices from the nook and corners of the country to now implement UCC  which will further deepen the bond which we Indian share with each other . As different laws creates  separatist tendencies among the people which will weaken the cohesiveness and unity in the country . A more important subtopic which the proponent of UCC emphasize is that  UCC will promote gender equality by ensuring every women irrespective of their religion are provided with same rights cutting across the religious rules or traditions .

Challenges of uniform civil code (UCC) 

India being a diverse country houses numerous religions and sects ,including a huge tribal population which have their own traditions and customs . They are provided with rights in the constitution to follow the same without any direct interference from legislature and executive in what they call inner domain of their religion /customs . To implement this code we need to take into consideration the issues raised by any section of citizens , have to allay their fears and convince them to contribute in this campaign of a epoch change.

Goa with its heterogeneous population , having uniform civil code is a live proof  that it can be done on a pan India basis but with due safeguard and by applying the mantra Honorable PM Shri Narendra Modi has gave "Sabka Sath ,Sabka Vikas , Sabka Vishwas ".

 

 


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