Article Title: Uniform Civil Code
30-10-2022
Polity & Governance Prelims Plus
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A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property.
Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
Article 44 is one of the Directive Principles of State Policy (DPSP). DPSP as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
Indian laws do follow a uniform code in most civil matters – Indian Contract Act, Civil Procedure Code, Sale of Goods Act, Transfer of Property Act, Partnership Act, Evidence Act etc. States, however, have made hundreds of amendments and therefore in certain matters, there is diversity even under these secular civil laws.
UCC vs. Right to Freedom of Religion:
Article 25 lays down an individual’s fundamental right to religion
Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
Article 29 defines the right to conserve distinctive culture
Why need UCC?
UCC would provide equal status to all citizens
It would promote gender parity in Indian society.
UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
Its implementation would thus support the national integration.
Hurdles to UCC implementation:
There are practical difficulties due to religious and cultural diversity in India.
The UCC is often perceived by the minorities as an encroachment of religious freedom.
It is often regarded as interference of the state in personal matters of the minorities.
Experts often argue that the time is not ripe for Indian society to embrace such UCC.
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