Uttarakhand’s CM Pushkar Singh Dhami has taken a major step to implement the Uniform Civil Code across the state. A committee is already set up for the same but its implementation is the trickiest part due to opposition. They are misleading the public as many people don’t know what a uniform civil code is and what its benefits are for a common man.
The opposition believes that this type of law is a stealing of fundamental rights of the people. It will break the diversity of India. In other words, the opposition wants to make people believe that if implemented, this will affect every community whether Hindu, Muslim, or Sikh, and the result is going to be not in their favor.
Is it true? Does the constitution give rights to Government to bring such a law in a state? Does it have no benefits for Indian citizens? Read to know everything about it.
What Is Uniform Civil Code?
Every single person who lives in India is bound by the country’s law despite this every religious community has its own personal law board. They set what is acceptable and unacceptable for people belonging to a particular religion.
Uniform Civil Code is made to bring equality and common law for everyone irrespective of their caste and religion. In simple words, this will end the existence of personal law boards and nobody can get the direct or indirect benefits for belonging to a particular community.
This will also end the different laws made for marriage, divorce, and property in different communities.
Does The Constitution Allow Formation of Such Law?
As per Article 44 of the Constitution, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
Uniform Civil Code: Good Or Bad?
Even though there is a provision in the constitution to bring a uniform civil code, no state in India has ever succeeded in implementing it. This has always been a hot topic of debate where neither political parties nor religious communities have shared common views.
Why? To know this one must know its pros and cons.
The Good Side
- It is related to freedom of equality where everyone is observed from one lens
- It is also a promoter of gender parity where both men and women have the right to succession and inheritance
- This eliminates the politicization of important issues based on religion or gender.
- It will simplify the Indian legal system
If UCC Is Good, Why There is Opposition?
Experts answer this question that in many cases people escape from the legal provisions by telling the matter of religion. Earlier the practice of triple talaq was going on in the Muslim religion. It was abolished by the Parliament of the country.
However, after the implementation of the Uniform Civil Code, the practice of four marriages will also be banned. It would be illegal to have more than one marriage. At the same time, women in other religions have been given fewer rights in matters of rights over land and property. The Uniform Civil Code would give women the same rights over the father’s property as men. It pisses some people off.
The Bad Side
- India’s unique diverse culture where Hindus have their own laws related to marriage and Muslims have their own is the reason why a uniform civil code is still a dream. And this is the same with every other community in India.
- Minorities in India fear that UCC is an attack on their freedom as it will give chance to people from majority communities to dictate their own rules
Despite these pros and cons, there is one more difficulty that lies in the constitution. It has made the implementation more challenging. Articles 25 and 26 give freedom to Indian citizens to practice their religion and manage them.
However, UCC does not affect the right of an individual to practice their religion. Only Goa is that state where there is one law for everyone.