Why ratifying Uniform Civil Code is the necessity of the time in India ?

Posted on by Amandeep Singh

Though Uniform Civil Code (UCC) has been a much debated and a controversial subject in India, but it is the need of the time for many reasons. UCC in India was always been thought against the religious freedom and different communities think that this will vanish their religious customs and beliefs.

But In a Culturally and Religiously diverse nation like India, these religious foundations are now looking like the fetters which have bounded it around the different religious and somehow affecting the national integrity. Religious freedom is required not just in a country but around the globe. But at what Cost ? At the cost of human values and human unity, it definitely not sounds good. And it is really unfortunate that the debate on Uniform Civil Code is always connected with the Communal Politics.

Why ratifying Uniform Civil Code is the necessity of time in India ?

Earlier Debates ON UCC while Framing Indian Constitution

Actually, it is not a part of communal politics but a great step toward the national unity along with diversity. Even at the time, when there was the framing of Indian Constitution was in progress, there was a heating debate on the issue. At the end there was a compromising directive principle was been given in the constitution that says that “The state shall endeavour to secure for citizens a uniform civil code throughout the territory of India.”

Several members of the Constituent Assembly including Minoo Masani, Hansa Mehta and Rajkumari Amrit Kaur disagreed vehemently with the compromise, as Kaur argued saying that “One of the factors that have kept India back from advancing to nationhood has been the existence of personal laws based on religion which keeps the nation divided into watertight compartments in many aspects of life.”

Why ratifying Uniform Civil Code is the necessity of time in India ?

After the Hindu Code Bill was brought in the nation, the political leaders thought of not bringing the Muslims under any such law as to heal their Partition wounds. But that seems now a big mistake, as now, Muslim Women’s are very bravely fighting for the equality and against the issue like “Triple Talaq”. However, the hearing is ongoing in the Supreme Court and  Supreme Court had asked the Central Government.

Government’s Debate on Uniform Civil Code

Even the Modi Government also had already told the Law Commission to examine into the matter and this was a really positive step towards the uniform civil code. Now, the question comes in why India needs a uniform civil code?

Why ratifying Uniform Civil Code is the necessity of time in India ?

Reasons to justify the requirement of UCC in India

  • Most importantly, UCC is required to provide Gender equality and Gender justice in the nation. As the Society is changing and advancing through to good living and social standards. The rights of women are usually limited under religious law, be it Hindu or Muslim. The practice of triple talaq is a classic example of it.
  • Another Important reason is that being a secular republic, India must need a common code for all its nationals for the national unity, integrity, and brotherhood.

It’s now been 70 years since India’s independence and still India is unable to check caste based/religion based politics in India and UCC will be a reformative step to end this kind of politics and start talking about the policy politics and judge governments/political parties on the basis of policies rather than caste or religion.

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