India needs a Uniform Civil Code
Introduction:
- India is a multicultural nation with many different religions, each of which has its own distinct set of laws governing private matters like marriage, divorce, adoption, inheritance, and succession. It would be accurate to say that the absence of a Uniform Civil Code (UCC) has only served to reinforce inequalities and inconsistencies in our highly diverse country. The country’s efforts to create social harmony, economic justice, and gender equality have actually slowed down as a result of this.
When the Constituent Assembly was in session:
- The UCC has been a topic of discussion since the Constituent Assembly.
- The rationale and objective behind the establishment of a single civil code were discussed in the Constituent Assembly.
- Babasaheb Ambedkar, the chief drafter of the Indian Constitution, strongly advocated for the creation of a UCC in the Constituent Assembly. He stressed the importance of a UCC to promote gender equality and combat pervasive social problems.
- Article 44 of the Directive Principles was applied to the subject because the Constituent Assembly was unable to reach consensus on a UCC.
- Since all people must be protected by the UCC regardless of their beliefs, practises, or personal laws, Article 44 could be seen as the Constitution’s instruction.
The Supreme Court has called:
- It would be important to note that the Supreme Court has already spoken about this matter.
- The Supreme Court had said in the Shah Bano case, “It is a matter of regret that Article 44 has remained a dead letter.”
- The Court had stated that a UCC would promote national integration.
- Although the Supreme Court frequently gave lengthy opinions on the subject, it refrained from issuing any direct directions to the administration because it acknowledged that only Parliament had the authority to establish legislation.
The main concept:
- In order to safeguard everyone’s fundamental rights, reduce socioeconomic disparity, and abolish gender discrimination, the UCC is a long overdue step in the correct path.
- It should be considered and understood as an effort to create a coherent legal framework that upholds the principles outlined in the Constitution and reaffirmed by Supreme Court decisions.
- Through educated dialogue and helpful involvement, it is vital to address the uncertainties that some people may have and the opposition to this endeavour that stems from unfounded worries.
- The advancement of justice and equality for all citizens will be made possible by this technology. In this setting, every citizen should embrace it.
- A UCC would offer women equal access to opportunities and protections and put an end to unjust practises that deprive them of their rights.
- We require a unified legal framework in our diverse society to foster social cohesion and national unity.
- Personal laws ought to be upheld on the grounds that they are constitutional, uphold the principles of gender equality, and protect the right to live in dignity.
Moving forward:
- Finally, it is critical that neighbours, religious leaders, and political party officials set aside their differences and work to implement the UCC.
- They should work to make it into a system of law entirely consistent with the principles of fairness and equity highlighted by the Constitution, one that can be used as a vehicle for social change.
- This will be yet another crucial step towards building the new, inclusive, and equal India that we all want.
