He says the UCC needs to answer some fundamental questions: What are the criteria for marriage and divorce? What are the processes and implications for adoption? What are the rights to maintenance or equitable distribution of property in the event of divorce? Finally, what are the inheritance rules? Giving states the power to create a CDU can also raise a number of practical problems. For example, what if Gujarat has a UCC and two people who marry in that state move to Rajasthan? What law will they follow? Experts also question what neutral principles should be followed when compiling a common law. Now let`s look at what happened in the JJ 2014 law. Is this a step towards UCC or not? Now, the question arises, what is the Uniform Civil Code? It is the common set of rules for all citizens of India that refers to the replacement of personal laws (based on scriptures and religious customs). These laws are known for public law and include marriage, divorce, inheritance, adoption and maintenance. In fact, Goa has a common family law, making it the only Indian state to have a uniform civil code, and the Special Marriage Act of 1954 allows any citizen to marry outside the scope of a special law of religious personality. Hindu right-wing rhetoric has pushed a common personal law as a counterweight to what they call Muslims` “regressive” personal laws – citing the example of triple talaq – the Muslim practice of “instant divorce” – which the Modi government criminalised in 2019. The BJP`s manifesto states that “there can be no gender equality until India adopts a unified civil code.” Former Chief Justice Bobde hailed Goa`s Civil Code in 2021, saying: “Goa has what constitutional legislators have envisioned for India – a unified civil code. It applies to marriage and succession and applies to all Goans, regardless of their religious affiliation. After reviewing all these cases, the question arises as to what is the meaning and necessity of UCC. Candidates preparing for UPSC 2022 can read the linked article to learn more about the upcoming ICD exam, its model, curriculum and more. Let us now look at our past where uniform laws emerged.
The general rules of succession of the 1956 Act stipulate that in the event of a legal death of the male sex, the heirs of class I succeed to the heirs of class II. The law was amended in 2005 to add more descendants, making women Class I heiresses. The daughter receives exactly the same share as a son. The UCC was included in the BJP`s manifesto for the 1998 and 2019 elections and was even first proposed to Parliament by Narayan Lal Panchariya in November 2019. However, amid protests from other MPs, the bill was quickly withdrawn in order to make some changes. [38] [37] The bill was introduced for the second time by Kirodi Lal Meena in March 2020, but was not reintroduced. [39] According to 2020 reports, the bill is being considered by the BJP due to discrepancies with the RSS. [5] [40] While noting that a UDC is “neither necessary nor desirable at this stage,” the report recommended that discriminatory practices, prejudices and stereotypes within a particular religion and its personal laws be reviewed and amended. The Commission proposed certain measures concerning marriage and divorce, which should be uniformly accepted in the personal laws of all religions. Some of these amendments include setting the age of marriage for boys and girls at 18 so that they can be married equally, making adultery a ground for divorce for men and women, and simplifying the divorce process. He also called for the abolition of the Hindu Undivided Family (HUF) as a tax-exempt entity. In order to achieve the objectives of the DPSP and maintain uniformity of laws, the following suggestions should be considered immediately: Article 44 of the Constitution of India defines a uniform civil code.
Article 44 states: “The State shall endeavour to ensure to citizens a uniform civil code throughout the territory of India.” This article is part of the Directive on the Principles of State Policy. Orthodox Muslims felt that their communal identity was at stake if their personal laws were governed by the judiciary. [11] Rajiv Gandhi`s Congress government, which previously had his support, lost the December 1985 local elections because it supported the Supreme Court`s decision. [26] Members of the Muslim council, including Khan, launched a campaign for complete autonomy in their personal laws. He quickly reached a national level by consulting with lawmakers, ministers and journalists. The press played a considerable role in the sensationalism of this incident. [11]. Let us now examine how personal status laws address various issues. Guiding principles of State policy and fundamental rights A UCC would provide for a national law applicable to all religious communities in their personal affairs such as marriage, divorce, inheritance, adoption, etc. Article 44 of the Constitution of India states: “The State shall endeavour to ensure a uniform civil code for citizens throughout the territory of India.” Questions can be asked during the IAS exam in Prelims, Mains GS-1 (Indian Society), GS-II (Governance) and also in essays. This article is an essay on the Uniform Civil Code in India.
He discusses the challenges and suggestions in the implementation, Part IV of Article 44 of the Constitution and the debates related to the Uniform Civil Code. The uniform civil code is consistent with a country, a rule that applies to all religious communities. The term “Uniform Civil Code” is explicitly mentioned in Article 44 of Part 4 of the Constitution of India. Article 44 states: “The State shall endeavour to ensure to citizens a uniform civil code throughout the territory of India.” This means that existing religion-based personal laws, such as the Hindu Marriage Act (1955), the Hindu Successor Act (1956) and the Muslim Personal Law Enforcement Act (1937), will be technically dissolved. Let`s break this down with 5 questions. And then there are different laws for different states when it comes to property and inheritance rights. The predominantly Christian states in the northeast, such as Nagaland and Mizoram, make their own personal laws that follow their customs rather than their religion. Goa has a general civil law of 1867 that applies to all its communities, but also other rules for Catholics and other communities, including one that protects bigamy for Hindus. Candidates can read the IAS Topper strategies to align their preparation accordingly and be updated with tips and guidelines. The debate over a unified civil code, with its multiple implications and in relation to secularism in the country, is one of the most controversial issues in Indian politics in the twenty-first century. [28] The main problems of implementation are the country`s diversity and religious laws, which differ not only by sect, but also by community, caste and region. Women`s rights groups have said that this issue rests only on women`s rights and security, regardless of their politicization.
[28] The arguments in favor of this are: its mention in Article 44 of the Constitution, the need to strengthen the unity and integrity of the country, the rejection of different laws for different communities, the importance for gender equality, and the reform of Muslims` archaic personal laws, which allow unilateral divorce and polygamy. India is therefore one of the countries that legally apply Sharia law. According to Qutb Kidwai, Muslim personal laws are “Anglo-Mohammedans” rather than exclusively Islamic. [28] Hindu nationalists consider this issue in the concept of their law, which they call secular and the same for both sexes. [28] In the country, the demand for a uniform civil code may be viewed negatively by religious authorities and secular sections of society because of identity politics. [28] The Sangh Parivar and the Bharatiya Janata Party (BJP) – one of the two main political parties in India – had seized on this issue in order to win the support of Hindus. [28] The BJP was the first party in the country to promise this if elected to power. [28] Article 44 of Part IV of the Constitution states: “The State shall endeavour to ensure to the citizen a uniform civil code throughout the territory of India.” However, Article 37 of the Constitution itself makes it clear that the DPSP “cannot be enforced by any court”.
Nevertheless, they are “fundamental to the governance of the country”. This suggests that, while our Constitution itself holds that a uniform civil code should be implemented in some way, it does not make such implementation mandatory. In the end, we should remember the words of Mahatma Gandhi: “I do not expect the India of my dreams to develop a religion, that is, to be fully Christian or fully Muslim, but I want it to be completely tolerant, with its religion working side by side.” .