What is Uniform Civil Code?
Article 44 of the Constitution says that there should be a Uniform Civil Code.
According to this article, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”.
Since the Directive Principles are only guidelines, it is not mandatory to use them.
Need of it
Different personal laws create discrimination between people of different religions and genders.
A Uniform Civil Code will ensure that women have the same rights and opportunities in the courts as men, regardless of their religion.
This includes matters such as marriage, divorce, custody of children, inheritance rights, and adoption.
A secular republic needs to have a common law for all its citizens, rather than different rules based on religious practices.
National Integration and Simplification of laws.
Protection to Vulnerable Section of Society.
Challenges
Constitutional challenges:
Freedom of religion is incompatible with the right to equality.
Article 25 guarantees each person the right to practice their own religion free from interference.
Article 26(b) protects the right of religious denominations to manage their own affairs in matters of religion
While Article 29 defines the right to conserve one's cultural heritage.
These rights often conflict with the principle of equality before the law enshrined under articles 14 and 15 of the Constitution.
More over the freedom of religion of an individual is subject to public order and health.
Social-political challenges:
The minority groups are concerned that the dominant culture is being imposed on them without their consent.
Bringing uniformity among all the different cultures in India will be a difficult task.
The patriarchal mindset in Indian society poses a big challenge in the implementation of the UCC.
Way forward
Basic reforms can be given priority
Having 18 as the marriageable age for all across communities and genders.
Introducing a ‘no-fault’ divorce procedure and allowing dissolution of marriage on the ground of irretrievable breakdown.
Common norms for post-divorce division of assets.
Within each community’s laws, it will be desirable to first incorporate universal principles of equality and non-discrimination and eliminate practices based on taboos and stereotypes.
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