Uniform Civil Code - Should India have it?
Uniform Civil Code – Should India have it?
The implementation of a Uniform Civil Code in India has been an issue of debate for a long time now. The matter is discussed on extreme levels before every general election. The ruling government has been an intense supporter of the Uniform Civil Code. What does this Uniform Civil Code or UCC mean in layman’s language?
A Uniform Civil Code basically highlights unifying all personal laws to define one single set of secular laws for every citizen of the country, irrespective of the community or religion they belong to. Although the exact guidelines of such a UCC have not been disclosed, it should presumably have the most progressive and modern elements of all existing personal laws, dumping those which are conservative. So, now when the underlying concept of UCC is clear, let us discuss on the topic, Do You Support Uniform Civil Code In India?
Yes
- The execution of Uniform Civil Code will promote real secularism. As of now, India has selective secularism which suggests that in some areas people are secular while in others they are not. A uniform civil code will prompt all Indians to follow the same laws. At the same time, it will not restrict the freedom of people to pursue their religion.
- The UCC laws will bridge the existing differences. As of now, the Muslims have freedom to have more than one wife in India. Also, the unwed Christian mother cannot have the guardianship of her child without the consent of father. The personal laws differ in terms of inheritance, family, marriage and related factors.
- The main motive behind the Uniform Civil Code is to provide more rights and dignity to women. Indian society is extremely misogynistic and patriarchal as it allows conventional rules to exist to rule the family life. As a result, Indian women are still subject to mistreatment and subjugation.
- The Uniform Civil Code is followed by all the progressive countries. It is a sign that a country has come above the religious and caste politics.
- Personal laws designed under the religion label are nothing but a means for the powerful people to exploit weaker sections of the society. The panchayats continue to confer punishments that are against India’s constitution. Human rights are breached through female foeticide and honor killings across India.
- A UCC will help in minimizing vote bank politics that various political parties indulge in before general elections.
No
- The family life of people in India is, wrongly or rightly, influenced by their religious and customary beliefs. Importantly, these religions more or less persist through the social customs and ceremonies enforced upon community members. If they are annulled, the religion will lose its importance in social sphere.
- If a different set of uniform rules that breach the religious laws are imposed upon people that would go against the fundamental right of freedom stated under ‘Article 25’ of the Constitution of India.
- The people from different communities are not willing to adopt the secular laws separated from personal laws. So, it is not fair to impose the traditions of one group upon other groups. The focus should be on other less contentious issues that the Indian society is facing.
- As far as the protection of human rights or social obligations is concerned, the nation has laid bottom line policies through general laws. For instance, there is general law that prohibits child marriage and reigns over all personal laws.
- Another such law is Section 125 of CrPC which provides an arrangement by which courts can pass orders for maintenance of parents, wives and children, under criminal trial, irrespective of the religious status.
Conclusion
There is a need to change all the conventional laws that restrict one or other part of the society. Instead of an external regulation, the changes should come from within from communities. It would serve as a better cover of social fabric of India. Even if the new UCC is designed, it should consider the major personal factors pertaining to all Indians. The decision should not be driven by partisan or religious considerations.
Discussion
- RE: Uniform Civil Code – Should India have it? -Deepa Kaushik (08/18/15)
- Uniform Civil Code is definitely a good concept which could get people on a uniform platform, especially in countries like India where we are dwellingin unity with immense diversities. Uniform civil code is an idea that requires an open mind and acceptence on a higher perspective. The acceptance should come from within the individuals for making UCC a true success. It is not the Government that is going to benefit from this uniformity in civil code, but the citizen who can enjoy greater strength with a united culture.
Such a big amendment cannot be done in a single night. this has to be implemented in stages. Since we have various traditions, customs, religion etc., it would be good if the religious head and cultural promoters could be convinced first with the concept and ideology of uniform civil code, who can help in the further promotion of the same. We have people in India who are mopre inclined towards religious teachings rather than a good governance.
There are a few clause that should be considered before going ahead with the changes.. Our nation is known for the biggest democratic set-up. And our true pride lies in the fact that we have unity in diversity. We do have plenty mis-conceptionsd and mis-interpretations for each others principles and customs which is very obvious to some extent with diverse population; still when it comes to India, every citizen forgets his varisities and unitedly marches in front.
When we have a sense of unity within the depth of ou hearts, we need to analyse the requirement of making any such amendment. But, such a concept of uniform civil code can definitely resolve many of our internal conflicts which could pave way for a better future and growth of our nation.
