The State of Uttarakhand has become the first state in India to implement the Uniform Civil Code. On 13 March 2024, the President of India Droupadi Murmu granted her assent to the bill. The UCC was introduced to create one common law for everyone in India. However, UCC was not welcomed by everyone. It became a bone of contention among the framers of the Constitution, and even today, it’s a highly debated and politically charged topic in India. Today, we will discuss an essay on the Uniform Civil Code for students.
Table of Contents
What is the Uniform Civil Code?
The Uniform Civil Code refers to a single set of laws that would govern all citizens of India, regardless of their religion, in matters such as marriage, divorce, inheritance, adoption, and succession. Currently, different religious communities in India follow their own personal laws in these matters.
Essay on UCC for Students in 250 Words
The Uniform Civil Code was introduced to create a common law for everyone in India. This single code aims to unify all personal laws followed by different religions and communities of India. The UCC is listed under Article 44 of the Indian Constitution and states, ‘The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India’. The Uniform Civil Code will unite all the Indians as one. In the Shah Bano Case of 1985, the Supreme Court of India gave a historical verdict, favouring maintenance given to an aggrieved divorced Muslim woman. Shah Bano was just one of the hundreds and thousands of Indian Muslim women suffering from discriminatory religious laws. In recent years, the topic of Uniform Civil Code (UCC) has become a hotly debated issue in India. As a secular democracy with a diverse population, India faces the challenge of balancing national unity with respect for its various religious and cultural traditions. The concept of UCC aims to replace personal laws based on religious scriptures and customs with a common set of rules governing every citizen. The primary aim of the UCC is to promote gender equality. Personal laws in religious communities are patriarchal and often disadvantage women in matters of marriage, divorce, and inheritance. Common civil laws would encourage a sense of unity and national integration. It would streamline the legal process by eliminating the need for different laws for different communities. |
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Essay on Uniform Civil Code in 500+ Words
Dr BR Ambedkar introduced The Uniform Civil Code in the Constituent Assembly. It is listed under Article 44 of the Indian Constitution and is part of the Directive Principles of State Policies, which are not enforceable by law. These policies are meant to guide both central and state governments to make laws for the welfare of all. The UCC talks about one common civil code for everyone.
UCC meant abolishing personal laws—laws based on scriptures and religious texts. These personal laws regulated almost every aspect of life, such as marriage, divorce, adoption, inheritance, guardianship, etc. A lot of these laws were discriminatory and unfair to minorities and women.
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Background
The origin of the Uniform Civil Code can be traced back to the Romans, who governed themselves based on a civil law, and not holy texts. So did the Mesopotamians. They followed the ‘Ur-Namo‘ code, the oldest law code in history.
The US Constitution is another example, where every individual is equal. The UCC was introduced in the Indian Constituent Assembly in November 1948, and it divided the assembly into two different groups; some were in favour, while others were against.
The objective of the UCC was simple: One Nation, One Law. Although the objective was simple, the Constituent Assembly failed to implement UCC. India is a highly diverse country with a population of more than 330 million people.
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Challenges
Right after independence, there was constant chaos of religions, ethnicities, customs, and social structures. Both Islamic Fundamentalists and Orthodox Hindus opposed the UCC. They wanted Sharia and Shashtras to determine personal laws.
They feared that the UCC would diminish their authority and give it a different term, ‘A Threat to Religious Freedom’. To challenge the UCC, they warm up to social unrest in the country. DR Ambedkar, the Constitution’s founding father, retreated and made the proposal optional. Therefore, UCC was made Article 44 and listed under the Directive Principles of State Policies.
Benefits to the Nation
According to Article 44 of the Indian Constitution, ‘The State Shall Endeavour to Secure for the Citizens a Uniform Civil Code Throughout the Territory of India.’
- The implementation of the UCC will bring uniformity to the county.
- It will uplift women and oppressed religious communities deprived of their rights. Today, Goa is the only Indian state where the UCC is implemented.
- Until 1961, Goa was a Portuguese colony, where they introduced a civil code applicable to everyone.
- Even Islamic countries like Turkey, Egypt, Jordan, and Morocco have codified personal laws per their constitutions. Also, Jordan and Egypt have banned triple talaq.
In the 1980s, the UCC once again gained momentum. In the Shah Banu case, she appealed for justice after being divorced by her husband. According to Muslim Law, she was entitled to only 3 months of alimony. The Supreme Court ruled in her favour and Shah Bano was awarded maintenance.
The Supreme Court of India said, ‘A common civil code will help the cause of national integration by removing disparate loyalties to laws that have conflicting ideologies.’
In its 2019 manifesto, the BJP promised the best provisions for different personal laws from various religions.
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The Way Forward
Implementing UCC requires careful consideration and inclusive dialogue. Some possible approaches include:
1. Gradual reform: Introducing changes step-by-step rather than a sudden overhaul.
2. Consensus building: Engaging all stakeholders in discussions to address concerns and find common ground.
3. Focus on common principles: Identifying shared values across communities as a basis for the code.
4. Opt-in system: Allowing citizens to choose between personal laws and UCC.
Conclusion
The debate over the Uniform Civil Code in India reflects the ongoing challenge of balancing unity and diversity in a pluralistic society. While UCC has the potential to promote equality and national integration, its implementation requires sensitive handling to respect India’s multifaceted cultural tapestry. As the discussion continues, finding a middle ground that upholds both national cohesion and cultural respect remains the key challenge for policymakers and citizens alike.
FAQs
Ans: The Uniform Civil Code (UCC) aims to bring all personal laws in India under a common law; the civil law. It meant the abolition or limitation of religious laws in India. The UCC is listed under Article 44 of the Indian Constitution. It is a part of the Directive Principles of State Policies, which are not enforceable by law. These policies are meant to guide both central and state governments to make laws for the welfare of all. The UCC talks about one common civil code for everyone.
Ans: The UCC is listed under Article 44 of the Indian Constitution.
Ans: There was immense opposition from different religious communities and the political parties misinterpreted it. It became difficult for the framers of the constitution to implement it, and so it was listed under the DPSP.
Ans: Goa is the only Indian state where the UCC is implemented. Until 1961, Goa was a Portuguese colony, where they introduced a civil code applicable to everyone.
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