The Implementation of Uniform Civil Code: Need of the Hour

Posted By:Admin Posted On: 14-Feb-2024

Uniform Civil Code (UCC) is the point of debate in India since the Constitution came into existence. UCC is covered in the Concurrent List of the Seventh Schedule of the Constitution of India. What is the need to implement UCC? India is a secular country with diverse cultures and traditions. If we talk about the laws, Is there a uniformity in implementation among all the religions? Different religions are governed by their own personal laws. For example, Hindus have their own Hindu Marriage Act, 1955, Hindu Succession Act, 1956 and so on. Similarly, Muslims are also governed by their own personal laws. But, what about the concept of equality as mentioned in the Constitution? Article 44 of the Constitution itself enumerated the Uniform Civil Code then the meaning of diversity can be replaced by the term inequality. Recently, Uttarakhand became the first state to pass a bill on UCC that is a very significant moment for our country. The matter is not only confined to marriage related laws, but other aspects are also covered in it such as the rights of women in property and maintenance. Earlier, the issue of UCC came into limelight when the verdict was passed in the historical case of Ahmad Khan v. Shah Bano Begam. There has to be a uniformity in implementation of laws. In the famous case of the Supreme Court speaking through Y.V. Chandrachud, the then Chief Justice held that Section 125 Cr. P.C. is also applicable to the Muslims and that even a Muslim husband is also liable to maintain his divorced wife beyond Iddat period.

Need of Uniform Civil Code

Different personal laws promote communalism and it results into discrimination in two aspects:

When people belong to different religions
When people belong to different sexes.

Uniform Civil Code will definitely provide equality of status to women. The discrimination in rights of women and men must not be in existence in this modern India. India is facing various challenges in the implementation of UCC, as it will infringe the provision of the Constitution that provides religious freedom to the citizens of India. The provision would be violative of the Constitution. For the promotion of Secularism in India, UCC plays a vital role. All the citizens have the right to be treated equally and fairly irrespective of their religion. Moreover, the present situation of women is not so progressive in our country, but with UCC, we can expect the equality in status of men and women.

So, there are pros and cons of the UCC bill, but the plan of action is already in the minds of the makers.

Let us hope for the best for our country whatever be the decision.