What is Uniform Civil Code Under Article 44? Meaning, Purpose, Importance, Pros & Cons

The Uniform Civil Code (UCC) has been one of the intense subjects of discussion for over a decade. But recently it took centre stage when Prime Minister Narendra Modi mentioned the importance of UCC in one of his rallies in Madhya Pradesh.

However, the implementation of UCC poses severe hurdles as a result of the cultural and religious diversity present in India. In this article, we have discussed the meaning of the Uniform Civil Code, its significance, purpose, arguments, pros and cons and more.

Uniform Civil Code: Meaning

Uniform Civil Code (UCC) is a legal framework though it is not enforceable by law. It is a set of uniform laws regarding various matters like inheritance, marriage, adoption, succession, and divorce applicable to all citizens irrespective of their religion, community, race, sex and caste.

Uniform Civil Code (UCC) in the Indian constitution was included in the form of directive principles of state policy. It means it is not enforceable in legal terms but can always be considered a guiding principle for the government.

Uniform Civil Code article: Article 44

This Uniform Civil Code (UCC) comes under Article 44 of the Indian constitution which refers to directive principles of state policy. The Directive Principles of State Policy (DPSP) states that the state shall undertake to offer a unified set of laws to its citizens within the Indian boundaries.

Purpose of Uniform Civil Code

The Uniform Civil Code was proposed to be implemented with the purpose to replace personal laws applicable to each religious community based on customs and scriptures. It states the implementation of a unified set of laws intending to govern each and every citizen.

Currently, there are many separate personal laws for Hindus, Muslims and other religious communities.

Importance of Uniform Civil Code

Listed below are the significant benefits of adopting the Uniform Civil Code in India:

To promote equality

In today's modern era, a secular democratic country like India should establish uniform civil and personal laws for every citizen. Laws should not be different for every religion, class, caste, gender, sex, or race.

To support national integration

When criminal laws and civil laws are concerned, all Indians must be treated equally by the court except these personal laws. Therefore, the implementation of the UCC can eliminate discrimination among different religious communities.

To bring gender parity

It is a common observation that the personal laws of almost all religions are biased towards men. Women are usually discriminated against during succession or inheritance. UCC has the potential to bring gender parity.

To moderate loopholes in personals laws

The personal laws of different religions have some serious problems due to their favouritism towards the patriarchal concept of society. Implementing common laws can eliminate such loopholes or biases among Indian citizens.

Arguments against Uniform Civil Code

Here are some of the popular arguments against the Uniform Civil Code (UCC):

Goes against the right to freedom of religion

The right to the freedom of religion is one of the basic rights to which every Indian citizen is entitled. But some people have a strong opinion that the implementation of the Uniform Civil Code can infringe on this right.

Absence of consensus

It is quite obvious that there will be a lack of consensus because it is ultimately the difference of beliefs and ideology that affect a person’s morality. This factor can again make the take of UCC implementation difficult.

Diversity in religion and culture 

India is a country where people with diverse cultures and religions live together. Therefore, a unified set of laws can be a severe threat to diversity and existing unity.

Pros and cons of the Uniform Civil Code

Each and every coin has two sides; Similarly, UCC also comes with a positive and a negative side. Listed below are the pros and cons of the Uniform Civil Code:

Pros of UCC

Secularism 

Implementation of UCC in India would promote secularism, ensuring that the same rule applies to all citizens. Such type of approach can eliminate selective secularism. Selective secularism means partiality towards the religious majority and minority. By treating every individual equally, the UCC can maintain a fair principle of secularity.

Equality 

All Indians must be treated equally and a Uniform Civil Code enables this. In the current scenario, the personal laws of the religious communities lack parity. For instance, Muslims can have multiple marriages in India. On the other hand, a Hindu or Christian doing the same can face legal consequences.

Such inequalities contradict the idea of equality in our country. Therefore, through the establishment of uniform laws related to marriage, inheritance, family matters, and land ownership, UCC can ensure that every Indian is treated equally.

Gender equality 

The UCC implementation would grant more rights to Indian women and improve their overall rights. A Uniform Civil Code would challenge obsolete traditions, and provide fair treatment and equal rights to women in today's society.

Cons of UCC

Difficulties due to religious diversity 

It is practically difficult to set up a common and uniform set of rules for personal matters such as marriage. It is a particularly challenging task in India due to the immense cultural diversity prevalent across the country.

Sensitive task 

This task of implementing UCC will demand enormous time and human resources. Therefore, it is the duty of the government to be unbiased and sensitive while taking each step of this.

To conclude, the implementation of a Uniform Civil Code (UCC) has the potential to enhance both secularism and national integrity in India. However, it is yet to be seen whether a country as culturally diverse as India can successfully implement UCC without encountering some repercussions.

Uniform Civil Code Voting Link

The Uniform Civil Code Voting Link provides a platform for individuals to express their opinions and participate in the decision-making process regarding the Uniform Civil Code. Here is the direct link to cast your vote for the for the Uniform Civil Code - https://legalaffairs.gov.in/law_commission/ucc/