Uniform Civil Code: [UCC] All You Need to Know, How To Send Opinions, Current Scenario in India, Indian Constitution

Uniform Civil Code : The idea behind the Uniform Civil Code is to create a sense of collectivism and just treatment. The Law Commission of India has invited different ideas from the journal population. You have to send your ideas from June 14 2023 to July 14 2023 at lawcommissionofindia.nic.in. The Uniform Civil Code is nothing but a set of rules to manage the personal affairs of the general public.

These rules are set by the law commission of India. The Uniform Civil Code is given under Part 5 of the article 44 of the Indian Constitution. This implies a common legal framework for every Indian citizen regardless of their existing religious beliefs. The UCC does not take into consideration the caste, ethnic or religious background of the citizens while managing their personal affairs.

Uniform Civil Code 2023

The Indian government is trying to implement UCC throughout the territory of India. This will super seed the rights of Indian citizens who are right now controlled through different personal laws. These personal laws are based on the Tribe, caste, or religion of the citizens. The majority of contemporary countries have already implemented UCC in their territories. The aim of UCC is to eliminate any challenges to the law based on different personal laws. UCC will bring uniformity to the community, caste, tribal, and gender levels.

Uniform Civil Code 2023 : Overview 

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Uniform Civil Code is meant to apply to all the segments of the society irrespective of their beliefs, religion aur cast. Everyone will be treated equally under this code specifically in the matters related to marriage or divorce, inheritance, child custody, property succession, or the adoption of a child.

What is UCC (Uniform Civil Code) ?

Uniform Civil Code’s goal is to provide a unitary set of legal rules that govern personal matters such as marriage, divorce, adoption, or inheritance for all Indian citizens. The set of rules has not consider the religion of the concerned person. The idea and the purpose behind the Uniform Civil Code is to create a feeling of collectivism and equal treatment for each and every Indian citizen.

The Law Commission of India had asked for ideas and views on the Uniform Civil Code. All those who wish to give their opinion on the topic had to do it on the official website given in this article before July 14, 2023. This was given in an official notification released by the commission. The public had to gave an opinion under 3000 words or in the file format.

History of Uniform Civil Code (UCC)

The origins of the the Uniform Civil Code date back to the 19th century when the British government issued its report in 1835, which insisted on uniformity in the codification of Indian law relating to crimes, evidence, and contracts, and It is also recommended that the Hindus and Muslim community’s personal laws should be kept out of such the codification. Now in 2023 the Law Commission of India had received public opinion on this law.

Aim of the Uniform Civil Code (UCC) India

Uniform Civil Code (UCC) aims to provide a single set of the legal rules governing the personal matters like marriage, divorce, inheritance, and adoption for all citizens of India, regardless of their religion. The idea of a UCC is to bring about a sense of equal treatment among all Indian citizens irrespective of their religious, ethnic, or caste backgrounds.

UCC Benefits in India

• One of the major benefits of implementing the UCC would be eliminating the discrimination on religious grounds, ensuring that every religion must be equally treated.
• It will ensure that the fundamental rights of the Indian Constitution are upheld consistently, regardless of the religion.
• It is evident in the laws governing the women’s rights in personal matters like marriage, divorce, and the inheritance, which are governed by the religion-specific laws.
• A Uniform Civil Code would grant all the women equal rights and help to prevent the religious atrocities against women.

The Uniform Civil Code and the Indian Constitution 

Article 44 in Part of IV of the Indian Constitution mentions the term under Uniform Civil Code. On the other hand, article 37 of the Indian Constitution says DPSP shall not be enforced with the help of any Court. Yet, it says that DPSPs are fundamental to the management of the country. This shows that the Indian Constitution wants the government to implement UCC but has not made it compulsory.

Some other constitutional provisions indirectly related to the UCC are:

• Article 15 – No 1 discrimination among the citizens on the basis of caste, race, place of birth, etc.
• Article  25 – Freedom of trade,  restricted only on public order.

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• Article 25 (2) – Regulating activities related to religious practices
• Article 26 – Fundamental write related to religious institutions
• Article 27 – Prohibits tax on any specific religion
• Article 28 – Associated religious teachings in educational institutions

Steps to Send Opinions on the Uniform Civil Code

• Go to the official website.
• Click on the UCC – New Public Notice.
• Click on the given link.
• Fill your basic details on the new web page.
• Submit after you have written your suggestion (Please be careful about the word limit).

Current Scenario in India 

The Uniform Civil Code employs a single set of rules for the whole Nation. It will be applicable to people of all faiths regarding their personal matters such as marriage, divorce, child custody, adoption, etc. Hindu citizens of India have their own marriage rules. Even Muslims, Catholics, and Parsis follow their Independence legal systems.

Why is the Uniform Civil Code is in the debate?

The Uniform Civil Code establishes a single rule for the whole nation that applies to all faith sects concerning private affairs such as custody, adoption, inheritance, and divorce. Hindus now have their own rules of marriage in India. Parsis, Catholics, and Muslims are also subjected to the independent legal systems. Existing legislation like the Muslim Personal Law Application Act (1937), the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and others will be formally dissolved after passing the UCC.

UCC : Arguments for and against

Arguments in favor of the Uniform Civil Code:

• It will integrate India – India is a country with many religions, customs and practices. A uniform civil code will help in integrating India more than it has been ever since independence. It will help in bringing every Indian, irrespective of his caste, religion or tribe, under a single national civil code of conduct.
• UCC Will Help in Reducing the Vote Bank Politics – A UCC will also help in reducing vote bank politics that most political parties indulge in during every year election.
• Sign of a modern progressive nation – It is a sign that the nation has moved away from the caste and the religious politics. While our economic growth has been significant, our social growth has lagged behind. A UCC will help the society to move forward and to take India towards its goal of becoming a truly developed nation.
• It will Give More Rights to Women -It is evident in the laws governing the women’s rights in personal matters like marriage, divorce, and the inheritance, which are governed by the religion-specific laws. Thus a uniform civil code would also help in improving the condition of women in India.
• All Indians Should be Treated the Same- All the laws related to marriage, inheritance, family, land etc. should be equal for all the Indians. UCC is the only way to ensure that all Indians should be treated the same.
• It Promotes Real Secularism- A uniform civil code doesn’t mean that it will limit the freedom of the people to follow their religion, it just means that every person will be treated the same and all the citizens of India have to follow the same laws irrespective of any religion.
• Change has been the law of nature – A minority of people should not be allowed to pick and choose the laws they want to be administered under. These personal laws were formulated in a specific spatiotemporal context and should not stand still in a changed time and context.
• Many provisions of specific personal law are in violation of human rights.
• Article 25 and Article 26 guarantee freedom of religion and the UCC is not opposed to secularism.
• The codification and unification of the variegated personal laws will produce a more consistent legal system. This will reduce the existing confusion and enable easier and more efficient administration of the laws by the judiciary.

Frequently Asked Questions : Uniform Civil Code