Uniform Civil Code: Definition and Meaning

During the Shah Bano case in 1985, the universal civil code became a contentious issue in Indian politics. The Supreme Court had ruled that Bano, a Muslim woman, should receive alimony from her ex-spouse. The court made a uniform statement in the context of the verdict. The earliest personal laws were created during the British Raj, mostly for Hindu and Muslim inhabitants. The British stayed out of this domestic matter out of concern for the community leaders' resistance.

Women's rights, equality, and secularism advocates originally called for a single civil code at the dawn of the twentieth century.

What is Uniform Civil Code?

A set of uniform personal laws will apply to all people under a unified civil code. Hindus and Muslims currently have various personal laws, for instance. Property, matrimonial law, divorce, succession, and inheritance are all covered by personal law.

There is continuing discussion in India about the need for a uniform set of laws regulating all citizens to replace personal laws based on the scriptures and traditions of each major religious community. A uniform set of laws governing all citizens is the goal of India's Uniform Civil Code, which seeks to replace the personal laws based on the scriptures and traditions of each major religious community in the nation.

• As a Directive Principle of State Policy, Article 44 of the Constitution has a provision for a uniform civil code that specifies that the state shall work to ensure that citizens have access to a unified civil code across the entirety of India.

• The Supreme Court has cited Article 44 and the idea of a universal civil code in a number of cases, mostly to draw attention to the legislature's and the executive's lackluster approach to carrying out the order.

• A uniform civil code must be established across the entire Indian subcontinent, according to Article 44 of the Constitution. It can be found in the Directive Principles of State Policy (DPSP) section of Part IV of the Constitution, which is meant to serve as a reminder to the state as it governs the nation.

History of Uniform Civil Code

Pre- Independence (colonial era)

• In October 1840, Lex Loci Report placed a strong emphasis on the significance and necessity of uniformity in the codification of Indian law with regard to crimes, evidence, and contract. However, it was also advised against codifying the personal laws of Muslims and Hindus.

• The Queen's Proclamation of 1859 made an absolute vow not to interfere in religious affairs.

As a result, while criminal laws were codified and made uniform for the entire nation, personal laws are still governed by unique codes for various localities.

Post- Independence (1947-1985)

• A uniform civil code was a demand made during the constitution's drafting by well-known figures like Jawaharlal Nehru and Dr. B.R. Ambedkar. But because of resistance from religious fundamentalists and a general lack of awareness at the time, they decided to include the UCC in the Directive Principles of State Policy (DPSP, Article 44).

Need of Uniform Civil Code

There are four important needs of UCC, as given below -

It Encourages True Secularism	India currently practices "selective secularism," which means that while we are secular in some contexts, we are not in others. All Indian citizens must abide by the same rules, regardless of their religious affiliation—whether they are Sikhs, Christians, Muslims, or Hindus. I think this is righteous and secular. A uniform civil code simply means that everyone will be treated equally; it does not imply that people's freedom to practice their religion will be restricted. Real secularism is that.
It is important to treat all Indians equally	Currently, we have personal laws based on specific religions, which means that while Muslims in India are permitted to remarry, Hindus or Christians will face legal repercussions if they do the same. This doesn't seem like equality to me. All Indians should be treated equally under all laws pertaining to marriage, inheritance, family, land, etc. The only way to guarantee that all Indians are treated equally is by doing this.
More rights will be given to women as a result	A Uniform civil code will also aid in the advancement of women's rights in India. Due to the extreme patriarchal and misogynistic nature of our society, we are dooming all Indian women to subjugation and cruelty by permitting outdated religious laws to continue to regulate family life. In today's society, when we do recognize that women should be treated properly and given equal rights, a standard civil code will assist in altering these antiquated customs.
It exists in every modern country	A nation that is modern and developing will have a consistent civil code. It is evidence that caste- and religion-based politics are no longer prevalent in the country. In fact, it might be accurate to say that our culture and society have deteriorated to the point where we are neither traditional nor modern. A uniform civil code will advance society and move India closer to its objective of becoming a developed country.

Conclusion

In a country like India, where there are diversities not only in terms of weather, climate, flora and fauna, and many other geographical features, but also in terms of religions, customs, and traditions, despite these facts, India is still one because we respect each other’s feelings and practices. But the execution of the Uniform Civil Code may damage or terminate the fundamental integrity of the nation. However, there are a lot of questions in favor of as well as against the implementation of UCC. So, it depends, how the next generation decides their living style and future.

Frequently Asked Questions

Q1. Is Uniform Civil Code a law?

Ans. A common law will regulate all Indians' marriages, divorces, adoptions, and successions under a uniform civil code. Currently, the individual's religion's personal law governs these practices.

Q2. What is main purpose of Uniform Civil Code?

Ans. The main goals of the uniform civil code are to ensure equality for all citizens and to advance gender parity.

Q3. What does Article 44 (of the Indian Constitution) state?

Ans. The Indian Constitution's Article 44 outlines the Uniform Civil Code. The state shall endeavor to secure a uniform civil code for the citizens throughout the territory of India, as stated in Article 44. The Directive Principles of State Policy include the article.

Q4. Why should uniform (especially in school) compulsory in India?

Ans. "The uniform was adopted with the best of intentions; it served as a reminder to eliminate caste prejudice and to promote equality in educational settings.