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UNIFORM CIVIL CODE: IS IT NEEDED OR NOT?



Politics is a subject filled with debates and discussions. Everyone has his/her own perspective on certain issues; which may be contradicted by others. One such hotly debated issue over the last few decades has been that of the Uniform Civil Code, or the UCC.
In simple words, ‘Uniform Civil Code’ basically aims at replacing personal laws based on scriptures and customs of each major religious community in India with a common set of rules governing all citizens..
This has also been mentioned in Article 44 of the Directive Principles of State Policy in our constitution, which states- ‘The State shall endeavour to secure for citizens a uniform civil code throughout the country.’
The basis of ‘Uniform Civil Code’ can be traced back to the British Era, when Lord William Bentinck, the Governor General of India tried to suppress Sati by passing Bengal Sati Regulation in 1829.
It regained attention during the Shah Bano Case in 1985. Shah Bano, a divorcee, filed a case in court against her ex-husband demanding alimony from him. Her ex-husband retorted back saying that according to Islamic Laws, she had ceased to be her wife, and he had no obligation towards her. The Supreme Court, after many session, declared that Shah Bano be given maintenance similar to alimony. This judgement sparked a debate on the relevance of.
More recently, the Law Commission of India in October 2016 sent a questionnaire to all major political parties in the country seeking their views on the Uniform Civil Code. Every party, except for BJP and CPI responded to this questionnaire. That BJP has not yet responded has raised eyebrows, because they have always supported UCC.
Let’s look at the Pros of UCC-
  1. To provide equal status to all citizens. As you all know, Right to Equality is a fundamental Right in the Indian Constitution. Currently, there are a few inequalities existing with regard to family and personal laws. The UCC will eradicate these inequalities, which will lead to an egalitarian society
  2. To promote gender parity- Feminists are pretty widespread in India, and they will be heavily in support of the UCC. This is because many personal laws exploit women. The UCC will bring an end to these abominable laws, and will help in enhancing dignity of women.
  3. To accommodate aspirations of young populations- 65% percent of our population is below 35 years of age. Thus, we are a very youthful country. The energy of youngsters needs to be channelized in the right direction, and the UCC will remove all social constraints from their path
  4. To promote National Integration- When people follow one single code, it will automatically increase the bonding between them, thus resulting in national integration.
Cons-
  1. Neglecting traditions:-Communities might feel that a common code will neglect their traditions. These traditions have been followed since time immemorial, and to bring them to an end all of sudden might enrage them.
  2. The State interfering into personal matters is something which it has never done. Along with that, the UCC will also violate the right to freedom of religion, which is provided by the Constitution of India.
  3. Sensitive issue- A UCC will surely hurt the sentiments of a large section of our population, as many communities have certain emotions associated with a few of their laws.
  4. Opposition:-There is bound to be opposition from large sections of society. If people can generate an outrage for a simple matter as a movie being shown in certain parts of a country, then just think about the situation which will follow the implementation of the UCC.
I personally feel that the UCC cannot be implemented in a diverse country like India. If the Uniform Civil Code is indeed brought in by the government, it will have many repercussions. There will be conflicts in many spheres, and that might also result in violence. I feel that religious communities must themselves decide what is good or bad. They must understand that times have changed and any kind of rule must never derogate the dignity of an individual.
That was my opinion; what is yours? Do you feel a uniform code for every citizen in India will usher peace? Do you think it will help in eradication of conflicts? Is it a good mechanism to make our nation more democratic? Do give your opinions……

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