What is Uniform Civil Code? Why is it Being Opposed, See Disadvantages, Advantages

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In the Indian Constitution, along with the freedom to live for all citizens, uniform laws have also been made for the people living in India. Which is equally applicable to people of all religions. Which is known as Uniform Civil Code, it is called Same Civil Code in Hindi. Which means equal law for every citizen irrespective of religion or caste. The Uniform Civil Code in the Indian Constitution is applicable to citizens of all religions of the country. There is no discrimination against any community in religion, caste through this law. In the Uniform Civil Code, the same law will be applicable for all religions in marriage, divorce, division of land property. Uniform Civil Code means a fair law which has no relation to any religion. Everyone will be given equal rights in this. So that injustice is not done to anyone.

What is Uniform Civil Code?

Uniform Civil Code is called Same Civil Code in Hindi. Which applies equally to people of all religions. Uniform Civil Code (UCC) calls for one country one rule to be applicable to all religious community. The term Uniform Civil Code is clearly mentioned in Part 4 of Article 44 of the Indian Constitution. Article 44 states that the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. Areas such as marriage, divorce maintenance, inheritance, adoption, succession are covered under this law. So that everyone can get the right to equality. Which is based on the fact that there is no relation between religion and law in modern civilization. The objective of which is to remove discrimination against vulnerable groups and to establish harmony among diverse cultural groups across the country. In the Constitution, the Uniform Civil Code has been described as the responsibility of the state under Article 44, but till date this law has not been implemented in the country. There is a big debate going on about this.

Where is the Uniform Civil Code Applicable?

Several times in the country, the central government and the state government discussed among themselves that the Uniform Civil Code should be implemented in the country, but so far no work has been done on it. The Uniform Civil Code has been started only in the state of Goa in the country of India. Ever since the Portuguese government came to the state of Goa, the Uniform Civil Code (UCC) was started there. The government was also formed in Goa only after the Uniform Civil Code was implemented in 1961. Dr. Bhimrao Ambedkar while framing the Constitution had said that Uniform Civil Code is desirable but for the time being it should remain voluntary and thus Article 35 of the Constitution was added in Part IV as a part of Directive Principles of State Policy. Which is in the form of Article 44 of the Constitution of India.

Subject included in Uniform Civil Code

  • Marriage
  • Personal level
  • Adoption and divorce
  • Acquire and operate property

Uniform Civil Code is Applicable in These Countries

  • Malaysia
  • America
  • Türkiye
  • Sudan
  • Pakistan
  • Indonesia
  • Ireland
  • Bangladesh
  • Egypt

Why UCC Law is Needed in the Country

There are different religions in the country for which different laws have been made, these different laws put a burden on the judiciary. With the implementation of the Uniform Civil Code, the judiciary will get rid of this problem and the cases pending for years in the courts will be decided soon. If Uniform Civil Code is implemented, then there will be same law for everyone in marriage, divorce, adoption and division of property, irrespective of religion. Let us tell you that at present these matters are settled by people of every religion under their personal laws. Unity in the country will increase if there is equality for all in the law. Due to which there will be unity among the citizens in the country and there will be no animosity of any kind. Along with this, the country will also move towards rapid development. Apart from this, due to the implementation of uniform law for every Indian, the politics of the country will also be affected and political parties will not be able to do vote bank politics and there will be no polarization of votes.

Uniform Civil Code Benefits

Uniform Civil Code is applicable in about 125 countries around the world, which has the following benefits, whose details are given below.

  • In the Uniform Civil Code, people are also given the right to gender equality so that it can be promoted.
  • Equal rights will be provided to all the citizens through the law of the land.
  • With the implementation of the Uniform Civil Code, the condition of the women of India will also improve. Because the rights of women are limited in the personal law of some religions.
  • Equal rules will apply to women on their father’s property, in matters like adoption and the daughter will also be given equal rights to property.
  • Girls are married off at a young age by the Muslim society when UCC will be implemented in the country. Since then this will also be banned so that the daughter cannot be married at an early age.
  • The people of all the types of communities in the country will be given equal rights due to the implementation of the Uniform Civil Code.
  • The responsibility of implementing the UCC law equally on the citizens has been entrusted to the state government.
  • Violation of the rights of citizens of any religion, caste, class will be prevented in the country.
  • Any citizen who is discriminated against on the basis of religion, caste or color will be abolished under UCC.
  • When the Uniform Civil Code is made, it will work to simplify those laws which are currently different on the basis of religious beliefs such as Hindu Code Bill, Sharia law.
  • The Muslim community of the country has the Muslim Personal Law Board. Under this law, a married Muslim man can divorce his wife by saying talaq only three times at his own will. Apart from this, many other methods of divorce have been given in Muslim law. Muslim women have to face all these problems. But under the Uniform Civil Code, divorces will be done under the same type.
  • Women of the country will be given equal rights through Uniform Civil Code.

Constitutional Provisions Regarding Religious Freedom

In Articles 25 to 28 of the Indian Constitution, the citizens of the country have been provided with fundamental rights regarding religious freedom. Which has been included in the Uniform Civil Code. The right to religious freedom has been given to citizens of all religions residing in the country. It has been said in the right to freedom of religion that any citizen of the country can propagate his religion with his freedom. Everyone is given the right to live freely according to his religion. Every citizen can promote his own religion and no other citizen can raise finger against any person’s religion.

Freequantly Asked Questions

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) is a proposed set of laws that would apply uniformly to all citizens of India, regardless of their religion or caste. It aims to provide equal rights and treatment in areas such as marriage, divorce, inheritance, adoption, and succession, eliminating discrimination based on personal laws associated with different religions.

Has the Uniform Civil Code been implemented in India?

No, the Uniform Civil Code has not been implemented in India yet. While it is mentioned in Article 44 of the Indian Constitution as a directive principle, there has been ongoing debate and discussion regarding its implementation. Currently, personal laws associated with different religions govern matters like marriage and divorce.

Where is the Uniform Civil Code applicable in India?

The Uniform Civil Code is currently applicable only in the state of Goa in India. The state adopted the Uniform Civil Code in 1961 when it was liberated from Portuguese rule. In the rest of the country, personal laws of different religions govern various aspects of civil matters.

What are the benefits of implementing the Uniform Civil Code?

Implementing the Uniform Civil Code is believed to have several benefits, including promoting gender equality, providing equal rights to all citizens, improving the condition of women, simplifying laws, preventing discrimination based on religion or caste, and fostering unity and development in the country.

What are the constitutional provisions regarding religious freedom in India?

Articles 25 to 28 of the Indian Constitution guarantee the fundamental right to religious freedom. These provisions ensure that citizens have the freedom to practice and propagate their religion, as well as the right to live according to their religious beliefs. The right to religious freedom is protected for citizens of all religions in India.

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