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The Uniform Civil Code was first introduced in November 1948, within the framework of the Indian Constitution. Today, it is listed under Article 44 of the Indian Constitution and is part of the Directive Principles of State Policy (DPSP). The UCC was introduced to create a common law for all religions, castes, and genders in India. Given India’s vast diversity, the UCC was opposed by many. 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 be discussing an essay on the Uniform Civil Code for students. This essay will cover its background, challenges, benefits to the nation and a positive conclusion.
Table of Contents
Essay on Uniform Civil Code in 500+ Words
The Uniform Civil Code 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.
UCC meant the abolition of 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 code of ‘Ur-Namo’, which is the oldest law code in history.
The US Constitution is another example, where every individual is equal. The UCC was introduced in the 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 founding father of the Constitution 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 who have been 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 in the colony.
- Even Islamic countries like Turkey, Egypt, Jordan, and Morocco have codified personal laws as 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 different religions.
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Conclusion
The Uniform Civil Code was introduced to unite India into one law. Even after 7 decades of its introduction, it has remained controversial because of its misuse by religious forces and misinterpretation by politicians. Only by building consensus and bringing experts from all communities and faiths together can we ensure its successful implementation.
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 in the colony.
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