The 22nd Law Commission of India invited new recommendations on the Uniform Civil Code (UCC) from various stakeholders, including public and religious organisations, recently. Because the last law commission’s consultation document on the subject was more than three years old, the panel requested recommendations. In areas such as marriage, divorce, inheritance, maintenance, and adoption, the UCC calls for the formation of a single law for nation that would apply to all faith communities.
The major Muslim organisation Jamiat Ulema-e-Hind declared on July 3, that the Uniform Civil Code breaches the constitutionally given religious freedom, but that it will not take to the streets to protest, instead oppose it through all legal means.
The theological perspective expressed is sad, but it is not new when discussing UCC; it was opposed already in 1946. Independent India established the Constituent Assembly in 1946 to draft our Constitution, which included two types of members: those who wanted to reform society by adopting the Uniform Civil Code, such as Dr. B. R. Ambedkar, and others who were primarily Muslim representatives who upheld personal laws. Furthermore, minority groups in the Constituent Assembly fought against advocates of the Uniform Civil Code.
As a result, the Constitution gains only one line from Article 44 of Part IV of the DPSP (Directive Principles of State Policy).
According to Swami Vivekananda, three things are necessary to make every man great, every nation great and that is we should have conviction in the powers of goodness, the absence of jealousy and suspicion and helping all those who are trying to be and do good.
As Indians, we hope that Muslim organisations do not encourage unrest, keeping in mind that nothing is more vital than a united nation and equal rights for all. Isn’t it true that any conduct that violates national spirit demonstrates what Doctor Babasaheb Ambedkar wrote in his book “Pakistan or the Partition of India”? Humanity should come first, before any sect.
Mohd Ahmed Khan vs Shah Bano Begum (1985) case
Shah Bano (73) was divorced by her husband by triple talaq and denied maintenance. Following her divorce from her husband, she petitioned the court for maintenance for herself and her five children. The Supreme Court found in her favor under the All India Criminal Code’s “maintenance of wives, children, and parents” provision (Section 125), which applied to all citizens, regardless of religion. It also suggested that a standard civil code be established. Following this, Bano’s husband filed an appeal with the Supreme Court, claiming that he had met all of his Islamic law requirements. Following the court’s decision, there were countrywide protests and agitations. Under duress, the then-government passed the Muslim Women’s (Right to Divorce Protection) Act (MWA) in 1986, rendering Section 125 of the Criminal Procedure Code inapplicable to Muslim women. Is it right?
UCC applies to everyone, regardless of religion. Consider the situation of a woman who has been threatened and continually worried by her husband about having a second, third, or fourth marriage. The entire life is under undue stress, which has a negative impact on health in the majority of situations. Can we call ourselves humans? Isn’t it a lifetime of mental torture? Civility, equality, integrity, and humanity require uniform civil laws based on the constitution.
The distinction between civil and criminal legislation
While criminal laws in India are uniform and apply equally to all citizens, regardless of religious views, civil laws are impacted by faith. Personal laws that come into effect in civil disputes have always been implemented in accordance with constitutional standards, despite being influenced by religious sources.
What effect will the Uniform Civil Code have?
The UCC attempts to safeguard disadvantaged groups, including as women and religious minorities, as envisioned by Doctor Babasaheb Ambedkar, while simultaneously boosting nationalistic ardour via unity. When enacted, the code will attempt to streamline laws that are currently divided based on religious views, such as the Hindu code bill, Shariat law, and others. The code will make the complex laws surrounding marriage ceremonies, inheritance, succession, and adoptions one for everyone. The same civil law will then apply to all citizens, regardless of faith.
Benefits of a Uniform Civil Code
If a Common Civil Code is enacted and enforced, it will help and accelerate national integration. it will avoid overlapping legal provisions. it will reduce litigation due to personal law. it will reawaken a sense of oneness and the national spirit and it will emerge with new force and power to face any odds, eventually defeating communal and divisionist forces.
It encourages true secularism.
In India, we currently have selective secularism, which implies that we are secular in some sectors but not in others. A uniform civil code means that all Indian citizens, whether Hindus, Muslims, Christians, or Sikhs, must follow the same rules. This seems reasonable and secular. A consistent civil law does not impede people’s ability to practice their religion; it just implies that everyone is treated the same. That is true secularism.
It is our responsibility as citizens of this wonderful nation to assist in the implementation of this vital law, regardless of faith, by sending an e-mail or other ways provided by the Government.
