Uniform Civil Code And Natural Laws

22nd December, 2023 - 9:56 am Categories: India Legal Issues News & Updates 0 Comments

INTRODUCTION

Uniform Civil Code again came into light on 27 th June , 2023 , when PM Narendra Modi during speech in Madhya Pradesh discuss about the UCC, and soon after this debates started in our nation. It is also in the manifesto of BJP to implement UCC and to abolished the personal laws. The Uniform Civil Code is going to provide one body of legislations for the whole nation, which is going to apply to every religions sects , such as inheritance, marriage ,
divorce and adoption.

UCC is included in PART 4 ARTICLE 44 of Directive Principles of State Policy of Indian Constitution. In India only GOA has progressive law known as Uniform Civil Code that allow equal income to both male and female , compulsory registration of marriage, birth and death. Muslims in goa cannot practice triple talaq , polygamy,etc.

HISTORY

The roots of Uniform Civil Code started in 1835 when British Government submitted report for codification of Indian Laws. Our Constitution is written during the post colonial period between 1947 to 1985.At this point of time our leaders Jawarharlal Nehru and B.R. Ambedkar put the UCC in the DPSP because during that time there is lot of religious pressure of fundamentalists and there is also lack of awareness.

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MEANING

The term uniform describes laws that are the same for every resident, irrespective of their gender, sexual preference, or religious affiliation. Every sector of society, irrespective of their faith, shall be treated equitably, according to a unified civil code that is applied to everyone equally.

‘UNIFORMITY’ does not mean that everybody should take seven pheras, it does not effect any religion sentiments and there will be no danger to diversity. ‘UNIFORMITY’ means that everybody should registered there marriage , to be a valid marriage in India. UCC is not a hindu-muslim debate in simple words it is Elimination of Discriminatory Law. EXAMPLE: Right to Education made compulsory to all children of age upto 14 years despite there religion.

PROS AND CONS OF UCC

PROS

• To provide gender equality : Every citizens of india despite there gender provide the equal opportunity for work and education, there will be equal pay for the equal work.
• To bypass the contentious issue of reform of existing personal laws: In every religion there is different natural laws . Personal laws has to be changed according to the constitution and if we sit to change the constitution according to natural law then there will be no constitution will be left.
• To provide equal status to all the citizens : The implementation of UCC is going to provide equality between the citizens and there will be no discrimination. Every citizen will follow one rule.
• To support the national interest integration : The UCC will provide a balance between the nation and society and it will give the feeling of togetherness among the people of our country.

CONS

• Manner of introduction : It is easy to made a law but to implement and to introduce a law properly to the citizen is more important . EX: Farms law.
• Sensitive and tough task : In India religious issues are senstivie and peoples are every sentimental towards there religion practices. So, UCC should be implemented in a very mindful manner and it should not hurt can one sentiments.
• Practical difficulties due to diversity: Some laws are seen good only in papers but in reality it is very tough to implement due to diversity . In this case law should apply in a very thoughtful way so, maximum population will get benefit from it.
• Interference of state in personal matter : In some cases state only opposes not to implement law in there state because there is different party ruling in that state.

NEED OF UCC

UCC is mandatory for uniting the every citizen of India . UCC helps to bring the all Indians from different cast, culture, faith and tribe in one platform. All citizens of India whether female, male, muslim, hindu have the same sets of rules and regulations. They, all will adherence to a one common law.

CHALLENGES AND SUGGESTIONS

Peoples in India still have narrow mindset they are not able to see the broad view of UNIFORM CIVIL CODE and in our country many people were spreading misinformation about UCC. In India to trigger the religious issue is the most tough and sensitive matter. UCC need a progressive mindset before introducing it the government should educate about the UCC properly without hurting anyone sentiments. The government should take care during implementation of UCC in this constitution of India cannot help it because law making is in the hands of government of India.

Famous Cases

SHAH BANO CASE

The Shah Bano case, which is often referred to as Mohammad Ahmed Khan v. Shah Bano Begum, was initially presented before the Indian Supreme Court in 1985. In relation to the case, the court directed Parliament to draft a Uniform Civil Code. In Shah Bano’s case, Section 125 of the Code of Criminal Procedure was used to get maintenance money from her husband after she had triple talaq.

However, the government was able to overturn the verdict in her case because to the Muslim Women (Right to Protection on Divorce) Act of 1986. A Muslim woman was not allowed to ask for maintenance under the previous Act, as per this Act. Triple Talaq, or talaq-e-bidat as it is known in the community, was ruled unlawful and unconstitutional by 2017.

SARLA MUDGAL VS UOI

There is another noteworthy case that attracted notice was the Sarla Mudgal Case, which brought up the subject of bigamy and debate over matters pertaining to marriage under the existing personal laws. According to the court, a Hindu marriage that has been solemnized in accordance with Hindu law may be dissolved on the basis of any one of the grounds listed in the Hindu Marriage Act of 1955. Section 494 of the Indian Penal Code (IPC) prohibits a second marriage that is solemnized after converting to Islam since the Hindu marriage is not immediately dissolved.

CONCLISION

We can say Uniform Civil Code is a very progressive concept . In India it will become very difficult for citizens to adopt it because of ther different customs, tradition , religion, etc. So, government of India should make sure that it will not harm citizens , basic human rights, right to dignity Introducing and implementing the law is the crucial part, it should be done in a very positive way, that it will not harm citizens sentiments. It should also not harm the national interest and make balance between the society and nation.

Every new and big changes in society comes with challenges but how it executed and make the citizens believe it by not harming there integrity is matter the most and it makes the big difference in the society.

Author: ARYA SINGH,  A Student at BHARATI VIDYAPEETH, NEW LAW COLLEGE, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFERENCE

https://www.studyiq.com/articles/uniform-civil-
code/?utm_source=google&utm_medium=cpc&utm_campaign=20420166717&utm_term
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sXorjg5p76EkhvbZEayiw4cXWG_0rwaAqI3EALw_wcB

https://www.drishtiias.com/daily-updates/daily-news-editorials/just-uniform-civil-
code
https://byjus.com/free-ias-prep/need-for-a-uniform-civil-code-in-a-secular-india/
https://frontline.thehindu.com/the-nation/uniform-civil-code-history-implications-and-