A lot of talk regarding the introduction of unified civil court has been going on in India for a really long time. India is a country that homes people from various religious groups which brings a lot of controversy to the topic of ucc’s introduction in India. Let’s try to understand Unified civil court better.

What is unified civil code?

The UCC is conceived as a general body of civil laws governing various matters of marriage, adoption, inheritance, succession, and divorce for all citizens, regardless of their religion. Who governs people of different communities, religions; regions, which are largely based on the right of a citizen to obey their personal laws. While the criminal laws have been codified and made common across India, personal laws are still governed by separate codes for different communities. 

The main goal of introducing unified civil code in India

The main goal of introducing a unified civil code in the country is to establish a law that regulates the personal affairs of all citizens of the country, regardless of religion. Article 44 of the Constitution of India states that the state “will endeavor to guarantee to the citizens a uniform civil code throughout the country”. This code provides a general set of civil laws relating to marriage, divorce, adoption, inheritance and succession for all citizens of the country, regardless of their religion. 

Problems that might occur with the introduction of unified civil code in India

One of the problems with the lack of UCC across India is that it may violate the fundamental principle of equality, which is one of the fundamental rights of the Indian constitution, because by assigning personal laws to a certain group of people, we determine the credibility of the secular spirit domestic. The existence of a single civil code would give significance to the separation of state from religion and state, because when a single civil code was applied, personal law would cease to exist.

It has been argued that this is necessary to promote homogenization and unity in India, and now a Delhi High Court judge has also called for the centre to introduce a unified civil code, stating that young people in India “should not be forced to work with Issues arising from conflicts of race personal law, especially in relation to marriage and divorce.

”Minister Kiren Rigiju said, “In view of the importance of subject matter and sensitivity, and the need for in-depth study of the various personal law provisions that govern individual communities , the government has asked the Judicial Council of India to review various issues regarding the Uniform Civil Code and make recommendations. 

Indeed, throughout the history of India, nothing like this has existed under any ruler (with one notable exception: the applicable Civil Code of Portugal, which was also not uniform throughout). The UCC promotes true secularism. The Uniform Civil Code does not mean that it will restrict people’s freedom to practice their religion, it just means that all people will be treated equally and all citizens of India must follow the same laws regardless of any religion.

The term “uniform” means that all people are equal under all circumstances; the term “civil” comes from the Latin word “civils” meaning “citizen” when used as an adjective to the term “right”, which means the right of a citizen; The word code comes from the Latin codex, which means book. 

Benefits of unified civil code

  • It may ensure that all citizens are treated equally.

A secular democratic republic in the modern age should include common civil and personal laws for all citizens, regardless of religion, class, caste, gender, or other factors.

  • All Indian citizens are already considered equal in the eyes of the law, as all criminal and civil laws (excluding personal laws) are the same. All citizens will be subject to the same set of personal laws once the Uniform Civil Code is implemented. There will be no opportunity for concerns of discrimination, concessions, or special benefits enjoyed by a particular community based on their religious personal laws to be politicised.
  • Gen Z and gen X  in modern India is a very different society. Universal and worldwide values of equality, humanity, and modernism define their societal attitudes and goals. Their desire to lose their religious identities must be seriously considered in order to fully use their potential for nation building.
  • Almost all faiths’ personal laws discriminate against women, according to popular belief. When it comes to succession and inheritance, men are frequently given the upper hand. Both men and women will benefit from a uniform civil code.

Introducing ucc seems like a double edged sword to many. Civil intolerance may be a very controversial and “debatable” topic in India, but it is the reality of our society. That also defines how efficiently this law may work if introduced in India. At the end of the day we are responsible for our behavior towards religion and it’s people, who are all simply people.

Also Read – THE FATE OF TWITTER

Reference – https://timesofindia.indiatimes.com/blogs/periscope/uniform-civil-code-is-the-imperative-now/

Reference – https://ijcrt.org/papers/IJCRT2203336.pdf

Reference –https://www.juscorpus.com/what-should-be-the-ideal-legal-system-for-a-new-internationally-recognized-country/

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