Is a Uniform Civil Code Right For India?

Among the many things a uniform civil code does, one of the most important is that it helps protect women’s rights. The code is often used in conjunction with other laws and regulations to ensure the community’s safety. This is especially true when dealing with a sexual offender.

History

During the colonial period, there were debates over the uniform civil code in India. As the British government wanted to make it easier for the Indian people to access justice, it codified a series of laws. However, the condition of women in the colonies was not satisfactory.

Women activists called for a uniform civil code during the early twentieth century. They believed that personal laws based on religion were creating divisions in society. They felt that religion-based laws were not promoting equality and were hindering the nation’s progress.

A group of Muslim members of the Assembly took the lead in this debate, proposing a series of amendments to Draft Article 35 of the Constitution. These proposed provisos would keep religion-based personal laws out of the list of fundamental rights.

The first of these provisos was a clause that required both men and women to agree to a marriage. This requirement ensured that the law did not discriminate against different religions. The other proviso required the Indian government to abstain from enforcing religion-based personal laws.

Purpose

During the British Raj, personal laws were formulated. These laws applied to specific groups of people and were based on religion. However, the rules were mainly aimed at Muslims and Hindus.

However, after 60 years of independence, the aspiration of a uniform civil code remains unrealized. There are various reasons for this. The main opposition to UCC is that it clashes with India’s secularism.

In addition, several people believe that the UCC will lead to the domination of one religion. Some Muslims are indeed opposed to changes in their laws.

But the purpose of the Uniform Civil Code is not to do away with religion. It’s to promote equality and integration in the country. It will also provide an improved chance of justice.

The Uniform Civil Code was first proposed in the early twentieth century. It was a response to the discriminatory practices of personal laws. It was intended to bring all religious communities under one umbrella. Prime Minister Jawaharlal Nehru supported it.

Controversies

Whether or not a Uniform Civil Code is suitable for the country depends on several factors. Firstly, it must be a voluntary initiative. Secondly, it must strike a balance between constitutional law and religious principles. In addition, it will have to address the concerns of formal equality.

One of the BJP’s promises at the 2014 elections was the implementation of the Uniform Civil Code. However, this promise drew heavy criticism from Congress, with the Bharatiya Janata Party accusing the UPA government of vote bank politics.

The Uniform Civil Code has been a subject of debate for a long time, dating back to the colonial period. The idea was first mooted in the Constituent Assembly of 1947. In addition, it was included in the Directive Principles of State Policy.

The Uniform Civil Code is not the only way to achieve substantive equality. Some advocates argue that the most effective way to do this is by establishing personal laws that are free of bias.

Impact on women

Several state governments have backed the Uniform Civil Code. But some organizations have criticized it as an anti-minority move and a violation of the country’s constitutional norms.

The Uniform Civil Code is intended to reform the country’s laws and bring them into line with the Constitution. It will provide equal status and rights to all citizens. Moreover, it will eliminate hundreds of discriminatory religious-based laws against women. It will also help ensure justice for women in marriage and inheritance.

Several personal laws are still in force in India. Most of them are discriminatory against women. Past societal norms and beliefs of the social institution of the family established these laws.

The Uniform Civil Code is halfway toward implementation. There is one problem,, though – nobody knows what it will look like. The draft is being worked on by a Committee of Experts appointed by the Uttarakhand government.