Uniform Civil Code (UCC)

 

The Uniform Civil Code (UCC) is a term adopted to define the unification of personal laws across all religions in the country. In India, where diverse religious and cultural practices exist from the earlier period, application of UCC has been a subject of considerable controversy and discussion. 

In this article we have an objective to delve into the consequences of implementing a UCC in India, apart from this we will also take a look at the potential advantages and disadvantages.

Historical Factors

India is a country that has a long history of personal laws. Those laws were based on religious beliefs and customs. These personal laws govern several aspects of individual lives, comprising marriage, divorce, inheritance, adoption etc. 

Hindu personal laws were codified in the 1950s, whereas other religious communities proceed to follow their respective personal laws. At first, the concept of UCC was preserved in the Indian Constitution, with Article 44 directing the state to strive towards its implementation.

What is Article 44 - UCC is sound of one country one rule, which applied to all religious communities in the country. The term Uniform Civil Code is defined in part 4, Article 44 of the Indian constitution. This is comes under the Directive Principles of State Policy (DPSP) which stated that “The state has to secure all the citizens with a uniform civil code throughout the territory of India.”

Uniform Civil Code Debate

In the historical point of view, the discussion for UCC divided in two periods which we have discussed below:

 

Pre-Independence (Colonial Era)

The Lex Loci Report in October 1840 - It talks about the relevance and need of consistency in the codification of Indian law, relating to crimes, evidence and contract. Apart from this, it is suggested that there should be personal laws of Hindus and Muslims kept outside such codification.

The Queen’s 1859 Proclamation- This proclamation pledges absolute impartiality in all religious matters. Criminal laws were codified and became common for all in the country whereas personal laws continue to be governed by separate codes for different communities.

Post-Colonial era (1947-1985)

During the drafting of the constitution, salient leaders like Jawaharlal Nehru and Dr B.R Ambedkar knocked for a uniform civil code. That is why, the constituent assembly added UCC in Article 44 under the Directive Principles of State Policy (DPSP).

Conclusion:

The Article 44 of the Indian constitution talks about the UCC in which, it would be an ideal safeguard of citizens' rights. Major section of the nation are against the implementation of UCC because they found it unconstitutional as they violates the rights of such communities. 

Constituent assembly while drafting the constitution insert the clause of UCC but that time was not ideal time to applicate it.

At the end, I would like to share my perspective that citizens that are belonging to different religions and denominations should be free to follow different property and matrimonial laws which descibe the unity of the nation.