Uniform Civil Code

            Uniform Civil Code 

Meaning : The Indian government's obligation to replace personal laws based on the scriptures and traditions of each significant religious community in India with a uniform body of laws regulating all citizens is known as the Uniform Civil Code. A universal set of laws regulating every citizen is intended to replace the personal laws based on the scriptures and traditions of each major religious community in India.

A set of universal personal laws will exist under a single civil code for all citizens. For instance, Hindus and Muslims currently have different personal laws. Property, marriage, divorce, inheritance, and succession are all covered by personal law.

Beginning of Uniform Civil Code : In 1985, the Shah Bano case caused India's universal civil code to become a political flashpoint. Bano, a Muslim lady, was ordered to receive alimony from her ex-spouse by the Supreme Court. The court made a uniform in the context of the decision.Initially created for primarily Hindu and Muslim residents, personal laws during the British Raj. The British decided against interfering further because they were concerned about community leaders' objections.

In order to advance women's rights, equality, and secularism, women activists first called for a single civil code at the beginning of the 20th century. A few legal changes were made up until India's independence in 1947 to better the lot of women, particularly Hindu widows. The Hindu Code Bill was passed by the Indian Parliament in 1956 despite strong resistance. Even though Prime Minister Jawaharlal Nehru, his allies, and women campaigners called for a universal civil code, they ultimately had to accept the compromise of having it incorporated to the Directive Principles due to strong opposition.

Indian constitution on uniform civil code : In Article 44 of the constitution, which is a Directive Principle of State Policy, it is stated that the state shall work to ensure that citizens have access to a unified civil code across the entirety of India.

In a number of cases, the Supreme Court has cited Article 44 and the idea of a universal civil code, mostly to draw attention to the legislature's and the executive's poor approach to carrying out the order.

The State is required by Article 44 of the Constitution to work towards establishing a unified civil code across the entirety of India. It is included in Directive Principles of State Policy (DPSP), Part IV of the Constitution, which the State is obligated to keep in mind when it governs the nation.

Need of Uniform Civil Code : 

1. It prompts realo secularism : In India, we currently practise selective secularism, meaning that in some contexts, we are secular and in others, we are not. Because India has a single civil code, all of its citizens—Hindus, Muslims, Christians, and Sikhs—must abide by the same set of rules. I think this is reasonable and religious. The freedom of individuals to practise their religion is not restricted by a uniform civil code; rather, it simply ensures that everyone is treated equally. That is authentic secularism.

2. All Indians should be treated same : Currently, our personal rules are centred on certain religions, thus while Muslims in India are permitted to remarry, Hindus or Christians may face legal repercussions if they do the same. I don't think this is equality. All Indians should be treated equally under the law in regards to marriage, inheritance, family, land, and other matters. The only way to guarantee that all Indians are treated equally is to do this.

3. It will provide more rights to the women : The status of women in India will also be improved by a standard civil code. We are sentencing all Indian women to subjugation and mistreatment by permitting outdated religious laws to continue to regulate family life in our deeply patriarchal and sexist country. With the understanding that women should be treated fairly and given equal rights in today's society, a consistent civil code will assist in altering these antiquated customs.

4. Every modern nation has it : A nation that is modern and developing will have a consistent civil code. It is evidence that caste and religion politics are no longer prevalent in the country.In fact, it might be accurate to argue that our culture and society have deteriorated to the point that we are neither traditional nor modern. A consistent civil code will advance society and propel India closer to its objective of being a developed country.

             For people of various religious and denominational backgrounds, as well as for the fostering of national solidarity, a unified civil code is an absolute necessity. Thus, in order to adhere to the genuine spirit of secularism, many religious ideologies must come together and culminate in common and unified values and purposes. Nevertheless, despite more than 60 years of independence, the dream of a uniform civil code has not come true.

Treating everyone equally and ensuring that reasonable, fair, and predictable rules protect everyone are the ideas and principles of establishing a standard civil code that governs personal laws. A unified civil code would also establish regulations that would apply to all people' personal issues, regardless of their religious beliefs, which is the cornerstone of secularism. It would make it possible to eradicate gender discrimination based on beliefs, support togetherness, and fortify the secular fabric.

The establishment of a uniform civil code is all the more desired given that it will eliminate the diversity of marriage rules, streamline the Indian legal system, and strengthen social cohesiveness in India, a country that has set itself the objective of establishing a secular society. The nation's fissiparous inclinations will be controlled and a sense of national identity will be strengthened.The uniform civil code will incorporate a set of principles based on social justice and gender equality in family concerns that are universally applicable.