Examine the inevitability of Uniform Civil Code in India. Also discuss the challenges and the steps towards implementation of UCC.
Refer - Indian Express
IAS Parliament 6 years
KEY POINTS
Uniform Civil Code (UCC)
· It is the idea that all citizens, irrespective of faith, should be governed by the same set of laws in ‘personal’ affairs such as marriage, divorce, succession and inheritance, and adoption.
· Currently, each religion has its own set of personal laws.
Constitutional Mandate
· Article 44 of the Constitution says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
· It is a Directive Principle of State Policy, not mandatory, but a directive towards a desirable end.
Inevitability
· To provide equal status to all its citizens
· To promote gender equality
· To accommodate the aspirations of the young population
· To boost the national integrity
· To reduce vote bank politics
Challenges
· Entrenched separatism, conservatism and misconceived notions about personal laws.
· The task of framing a common code for a diverse country like India is a tedious process.
· Lack of political will due to the complexity and sensitivity of the issue.
· It is a challenge to reconcile legal uniformity with protection of minority rights.
· India has a strong and long history of personal laws and it cannot be given up easily.
Solution
· Communities should be convinced that UCC is to bring reforms and not to suppress them.
· There is need for bringing awareness among citizens through discussion, deliberations, and academic seminars among members of various communities.
· There is a need of piecemeal reform rather than a holistic reform starting with what minorities are most comfortable of doing away with.
A wider consultation would be required with stakeholders, in addition to an in-depth study of the provisions of personal laws governing different communities.
