26 May UNIVERSAL CIVIL CODE (UCC)
This article covers “Daily Current Affairs” and the topic details “Universal Civil Code”. The topic “Universal Civil Code” has relevance in the Polity and Governance section for the UPSC CSE exam.
For Prelims:
What is UCC?
UCC vis-a-vis Indian Constitution?
For Mains:
GS 2: Polity and Governance.
Why is UCC needed?
Challenges in Framing and Implementation of UCC?
Measures to tackle the challenges?
Way forward?
Why in the news?
There is an ongoing exercise by the Uttarakhand Government to implement the Uniform Civil Code in the State.
What is UCC?
A universal civil code refers to a set of laws that govern personal matters such as marriage, divorce, inheritance, and adoption, which are applicable to all citizens regardless of their religious or cultural backgrounds. The need for a universal civil code arises from the goal of ensuring equality, justice, and social harmony in a diverse society.
UCC vis-a-vis Indian Constitution?
Article 44 of the Constitution of India, commonly known as the Directive Principle of State Policy, pertains to the implementation of a Uniform Civil Code (UCC) in the country. It states, “The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.”
The inclusion of Article 44 in the Directive Principles reflects the framers’ vision of achieving a progressive and uniform legal framework for personal laws in India. The objective of a Uniform Civil Code is to bring about uniformity and consistency in matters such as marriage, divorce, inheritance, and adoption, regardless of an individual’s religion.
Why is UCC needed?
- Equality: A universal civil code promotes equality by treating all citizens equally, irrespective of their religious or cultural affiliations.
- Uniformity: It establishes a common legal framework, eliminating discrepancies and contradictions that may exist in personal laws based on religious practices.
- Gender Justice: It addresses gender disparities by ensuring equal rights and opportunities for men and women in matters such as marriage, divorce, and inheritance.
- Social Cohesion: A universal civil code fosters social cohesion by promoting a shared understanding of rights and responsibilities among diverse communities.
Challenges in Framing and Implementation of UCC?
- Religious Sensitivities: Implementing a universal civil code may face resistance from religious groups who consider personal laws integral to their faith and traditions.
- Political Opposition: Political parties may exploit religious sentiments for electoral gains, hindering the implementation of a universal civil code.
- Socio-cultural Diversity: India’s cultural and religious diversity presents challenges in formulating a code that is acceptable to all communities.
- Legal Complexities: Harmonizing diverse personal laws can be legally complex and may require extensive amendments and consultations.
Measures to tackle the challenges?
- Public Awareness and Dialogue: Conducting public awareness campaigns and fostering open dialogues to educate citizens about the benefits and importance of a universal civil code can help alleviate religious sensitivities.
- Legal Reforms: Engaging with legal experts and stakeholders to study and propose comprehensive legal reforms that address the complexities of personal laws.
- Consensus Building: Encouraging constructive discussions and consensus-building among political parties, religious leaders, and community representatives to foster a broader agreement on the need for a universal civil code.
- Gradual Implementation: Phased implementation of a universal civil code can allow for adjustments and give communities time to adapt to the changes while ensuring progressive transformation.
Way forward?
- Judicial Intervention: The judiciary can play a crucial role in interpreting constitutional principles of equality and justice to advance the cause of a universal civil code.
- Social Empowerment: Promoting gender equality and empowering marginalized sections of society through education, awareness, and economic opportunities can help create an environment conducive to the acceptance of a universal civil code.
Implementing a universal civil code requires a balanced approach that respects cultural sensitivities while upholding fundamental rights and principles of equality. It demands consistent efforts towards education, awareness, and dialogue to create a society that values unity, justice, and social harmony.
Source: The Hindu
Q.1 Consider the following statements regarding the Uniform Civil Code (UCC):
- The Uniform Civil Code is a directive principle laid down in Article 42 of the Indian Constitution, which aims to replace personal laws based on religious customs and traditions with a common set of laws for all citizens.
- The implementation of the Uniform Civil Code would ensure gender equality and protect the fundamental rights of individuals, irrespective of their religious affiliations.
Select the correct statement(s) using the codes given below:
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)None of the above
Answer: (b)
Q.2 Consider the following statements regarding the Uniform Civil Code (UCC) and select the correct option using the codes given below:
- The Uniform Civil Code is a constitutional provision mandated by Article 25 of the Indian Constitution, which aims to ensure freedom of religion and protect the cultural diversity of the country.
- The Uniform Civil Code has been implemented in Goa, which has a common civil code that governs personal laws irrespective of religious affiliations.
- The debate surrounding the Uniform Civil Code primarily revolves around the challenges of balancing individual rights, cultural diversity, and religious sentiments.
Select the correct option using the codes given below:
(a)1 only
(b)2 only
(c)2 and 3 only
(d)1,2 and 3
Answer: (c)
Q.3 Discuss the significance, challenges, and potential implications of implementing a Uniform Civil Code (UCC) in India. Examine the constitutional provisions and societal considerations associated with the UCC. (15 marks)
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