UNIFORM CIVIL CODE
The introduction of a private bill by a BJP member on implementation of Uniform Civil Code across the country witness vociferous protest from the opposition members in Rajya Sabha on December 9 , 2022 . However, the opposition requested the chairman Jagdeep Dhankhar , he should not accept this legislation as it will destroy the secular land of the country.
UCC or Uniform civil code is a proposal aimed at replacing , customs and traditions with one common law for everyone. Countries like Bangladesh, Malaysia, Indonesia follows uniform civil code. The constitution of India, under Article 44 states that the state shall endeavour to secure uniform civil code for it’s citizens. Goa being the only state in India follows a Uniform Civil Code. India , a secular country consists of eight religions which include Hinduism, Islam , Christianity, Judaism, Buddhism, Jainism, Sikhism and Zoroastrianism . The implementation of UCC could be a threat to cultural sensitivity and individual identity. It also affect one’s fundamental right therefore Right to life , there will be no protection and liberty. Article 2 of the Human Rights Act protect right to life .
As the bill was introduced in the upper house, there where several protest happened in the country . Islam being the 2nd largest population followed by Hinduism were highly against this bill . Muslims in India are not in the favour of Uniform Civil Code as it will results in conflict towards their religious concept .
The All India Muslim Personal Law Board has refused to support the Uniform Civil Code . In India, people are devoted towards their religion and culture. Adopting this code might not be that easy for the people. The enforcement of uniform would violate the fundamental right to freedom of religion, as citizens would be impelled to follow a common civil law .
Shiromani Akali Dal leader Daljit Singh Cheema stated that the law is neither desirable nor feasible. India has the largest population in the world, the government needs to understand people and their needs and act upon it . There might be some benefits for the enforcement of UCC but there are many drawbacks .
In the case of Sarla Mudgal v. Union of India (1995):
The Supreme Court held that a Hindu husband cannot convert to Islam and marry another woman without dissolving his first marriage.It also stated that a UCC would prevent such fraudulent conversions and bigamous marriages which again is not acceptable for all the religions .
India still needs to create more opportunities and focus on improving living conditions for its people. The government decisions and pivotal in deciding the future of country .
Lastly, Uniform Civil Code is a part of directive principles of state policy which is not enforceable or justifiable in a court of law and are fundamental to the country’s governance. UCC works great in countries where secularism is not there .
Sources -: www.legalserviceindia.com
Author : Oraiza Wasim Ansari , a student at Arka jain university
