Does India Need A Uniform Civil Code
Post on 19,November 2015   9:00 PM
By - Miss. Smita Tiwari
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The debate about this controversial issue has been on in this country for decades dating back you to before the independence despite the need for it has underlined in under article 44 as the directive principles in the constitution. 

Despite periodic debate none of the government has exercised serious attempt so far. Recently the union law minister Sada Nand Gowda told the Rajyasabha the NDA government will start consultations to evolve a uniform civil code (UCC).

What is uniform civil code: The term uniform civil code refers to the body of laws governing human rights and duties pertaining to property and personal matters.

  • It deals the reality of social structure.
  • It include women related issues, gender issues, to separation, to inheritance and various others aspects.

Has there been a need of it : There are two reasons .

  • It is provided in the directive principles of state policy under article 44,”the state shall endeavor to secure for the citizen a uniform civil code throughout the territory of India.”
  • Honourable Supreme court and its eminent jurist have noted on multiple occasion the need for a civil code applicable to all citizens e.g in  shah bano case.

Why do we need it 

  • Despite of plethora of laws enacted we are now in situation to enact the uniform civil code.
  • Most of the feminist group have been pushing for this code to be created and implemented because most of the Indian personal laws are patriarchal in nature which prompte the imbalance of powers between the genders.
  • All women in the society must be provided in the civil code the human right to live and by bring it make it real by giving them safety providing them dignity ,by providing them logical and rational divorce etc.
  • Indirectly it will end vote bank policies by creating a uniform civil law system which treats citizen the same regardless of religion.
  • It will treat men and women equally and most of the discriminatory events like polygamy, polyandry, unfair inheritance, unfair divorce allowed for minority group must go.
  • Misconception about uniform civil code.
  • Uniform civil codemeans imposition of Hindu law.
  • It will take away freedom of religion.

What should government do to implement the uniform civil code :Uniform civil code can go long way to address all the issues if it should implemented in a smooth manner and for this it is proper for government not to impose anything on this subject and should follow following suggestions-

  • There should be a consensus.
  • Public survey.
  • There should be a non partial experts to discuss the uniform civil code.
  • It should review all religion’s law and remove any religious partiality so that all laws can equally treated.

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