What is UNIFORM CIVIL CODE (UCC)?
Uniform Civil Code is proposed set of laws which focuses on personal level matters like marriage, divorce, inheritance and adoption for all the citizens of India, regardless of their religion. At present, India has different personal laws for different religious communities, to name some, it enlists as: Hindu law, Muslim law, Christian law and more. The UCC strongly proposed to replace these separate pieces with common set of rules that will be applicable to all the citizens in order to ensure about equality and uniformity being emphasized in personal matters of the citizen.
But its implementation has been a big question mark!!
As the implementation of UCC has been a constant agenda of debate and long hour discussion in India since past many years as people in favor are arguing for its necessity to promote gender equality and national integration, but on contradictory, people on the other side of pool raise concerns for freedom of religious practice and cultural diversity.
What includes “personal laws” available to Indian citizen?
These include:
HINDU LAW
It ranges its radar to matters including – marriage, divorce, adoption, inheritance, and guardianship for Hindus, Buddhists, Jains, and Sikhs. Hindu law is majorly governed by the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act.
MUSLIM LAW
From the extracts of Quran and Hadith, as Islamic sources from which Muslim law is derived, it is governed by Muslim Personal Law (Shariat) Application Act. It handles matters ranging from marriage, divorce, maintenance, inheritance to guardianship for Muslims.
CHRISTIAN LAW
This law acts in light of marriage, divorce, adoption, and inheritance for Christians, which is undertook by the Indian Christian Marriage Act and the Indian Divorce Act.
PARSI LAW
Under the governance of Parsi Marriage and Divorce Act, it protects people relating to matters involving – marriage, divorce, adoption, and inheritance for Parsis (Zoroastrians
SPECIAL MARRIAGE ACT
Those individuals who do not wish to follow their personal laws to marry under a common umbrella, allows to act the according under this law, regardless of difference in religion.
The Uniform Civil Code is a proposal to replace the personal laws of different religious communities in India with common labels of laws, under which matters like marriage, divorce, inheritance and adoption are governed.
Some reasons to application of Uniform Civil Code (UCC) are as follows:
1. EQUALITY AND UNIFORMITY
It enhances the fact that all individuals abide to same set of laws, eliminating the discriminating practices based on religious beliefs.
2. GENDER JUSTICE
Women, particularly in matters of divorce, inheritance and maintenance are served with special provisions under personal laws, but inclusion of UCC can address these inequalities and promote gender justice by mentioning equal rights and protection for all citizens.
3. SOCIAL COHESION
India with diverse religious communities coexisting in the concentrated area, where implementation of UCC can unite citizens, adding to foster social cohesion and national integration by its promotion in the required direction.
4. SIMPLIFICATION AND EFFICIENCY
It becomes a headache for legality heads as personal laws create complexities and confusion in legal matters, especially cases involving inter-religious marriages or conversions. As with the UCC implementation, it focuses to smooth glide the legal system as it is easier to slide through and navigate the directions.
5. SECULARISM
India being a secular country, it lays out a parallel walk with the implementation of UCC, which enlightens on the fact that no state is religion specified.
6. MODERNIZATION
Since ages the personal laws are made into practice, based on traditional parameters. With the changing societal norms, values and beliefs, introduction of UCC can help county modernize its legal system and reap out contemporary ideas of justice, equality and individual rights.
To draw conclusions to the agenda of Uniform Civil Code, it is an important observation to note that UCC should be implemented with respect to every religious belief and sentiment of all communities, ensuring that individual’s cultural identity is not compromised.
Before proposing an UCC, Government must take into consideration all the diverse needs and concerns of all citizens in order to draft it in favor of the country.