Uniform Civil Code: What are the advantages, how many disadvantages

Some political parties have come in support of Uniform Civil Code, while some are opposing it. Some parties say that they will decide their stand after its draft. It is becoming a major political issue amid ongoing debate about its social impact.

There has been discussion in political circles whether the opposition parties having different views on the issue of UCC will be able to come on a single platform till the general elections? This issue is not a new subject at the level of law or constitution. It has been debated even in the Constituent Assembly. The Supreme Court has said many times that the wish of the framers of the constitution has not been fulfilled in this matter and how much time will the government take in this matter?

The framers of the Constitution had envisioned Uniform Civil Code through Article-44 in the Directive Principles, so that there would be uniform law for people of all religions and sects. Under Article-44, it has been said under the Directive Principles of Policy. Under this, the state will try to ensure that there is a uniform civil code for all citizens and efforts will be made to implement it across the country.

What is Uniform Civil Code?

Uniform Civil Code means having a uniform law for every citizen living in India, irrespective of religion or caste. For all religions, the same law will apply in marriage, divorce and distribution of land-property. It means a fair law, which has nothing to do with any religion. Its purpose is to eliminate discrimination or partiality with any particular class on the basis of religion.

States have been empowered to make personal laws that decide issues such as succession, marriage and divorce. However, in an affidavit filed in the apex court, the central government had said that it is the duty of the government to enforce the Uniform Civil Code for all the citizens of the country. For this, the government gave the details of the Directive Principles of State Policy present in the fourth part of the Constitution.

why need

According to the Indian Constitution, people who believe in all religions and sects (such as Hindu, Muslim, Sikh, Buddhist, etc.) in India have the right to make laws related to their respective religions. According to Allahabad High Court advocate Shatrughan Sonwal, there are two types of personal law in India. The first is the Hindu Marriage Act 1956; Which applies to Hindu, Sikh, Jain and other sects.

Second, the Muslim Personal Law applicable to those professing the religion of Islam. In such a situation, while the Hindu Marriage Act 1956 made under the provisions of the Indian Constitution is applicable for all other religions and sects except Muslims, then the same law is being implemented for the Muslim religion as well.

plus or minus

The Hindu Marriage Act was amended several times, while the Muslim Personal Law remained unchanged. For example, after the year 2005, under Hindu law, daughters also got the right in ancestral property. It is believed that the provision of Hindu Undivided Family (HUF) will end with the Uniform Civil Code. HUF is treated as a separate entity under the Income Tax Act.

The tribals are against this demand. Tribal organizations believe that due to this the identity of tribals will be in danger. Due to this, the laws giving protection of land to tribals can be repealed. For example, in Jharkhand, the Chhota Nagpur Tenancy Act and the Santhal Pargana Tenancy Act, two tribal laws that give protection to land, will be affected. Tribal laws have not even been documented yet. Some people have community property and not their own, so what will happen in that situation.

Why there is protest in the Northeast

According to the 2011 census, 86.46 percent of the population in Nagaland, 86.15 percent in Meghalaya and 31.76 percent in Tripura are scheduled tribes. The tribal council in Meghalaya has passed a resolution opposing the implementation of the code. While presenting this proposal, the Khasi Hills Autonomous District Council has recognized that the UCC will affect the customs, traditions, beliefs, heritage, freedom related to marriage and religious matters of the Khasi community.

The Khasi community follows matrilineal rules. In this community, the youngest daughter of the family is considered the custodian of the property and the mother’s surname is taken along with the names of the children. This community has got special rights in the sixth schedule of the constitution. Apart from this, the Nagaland Baptist Church Council (NBCC) and the Nagaland Tribal Council (NTC) have also raised concerns about the UCC.

Some facts

Uniform Civil Code is followed in many countries. These countries include Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Sudan, Egypt, America, Ireland, etc. All these countries have uniform laws for all religions and there are no separate laws for any particular religion or community.
India currently has different laws in matters of marriage, divorce, succession and adoption among different communities based on their religion, faith and belief. After coming of UCC, there will be a single law applicable to all in India irrespective of religion, gender and sexual orientation.

what do experts say

India is a country where people of many religions and cultures live, so the UCC will not only affect Muslims, but also Hindus, Sikhs, Christians, Jains, Jews, Parsis and tribal communities.

• Bhupesh Baghel, Chief Minister of Chhattisgarh

Which principle would you follow – Hindu, Muslim or Christian? The UCC has to answer some basic questions. Like what would be the criteria for marriage and divorce? What will be the adoption process and consequences? What will be the right to maintenance or division of property in case of divorce? And finally what will be the rules of inheritance of property?

• Alok Prasanna Kumarjurist