The Uniform Civil Code is the application of one national civil irrespective of their religion. Uniform civil code covers various areas like marriage, divorce, inheritance, adoption. As these matters are secular in nature, so that it can be enacted through a uniform law. In other words, this can be termed as personal law .Although some are describing this as the government’s infringe in to personal freedom, the uniform civil code has certain advantages also.
Our Constitution and Uniform Civil code
The Indian constitution has a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that , the state shall endeavour to all citizens a uniform civil code throughout territory of India.
Advantages of Uniform Civil code
- Gender equality
By the implementation of a uniform civil code across the nation will enable to abolish gender discrimination from the nation. For example, according to various religions , inheritance, marriages etc are male dominated. After seven decades of independence also women are battling for equality.
- A boost to national integrity
The formation of UCC will boost the national integrity. Even though our country have diverse cultural values, a unified personal law irrespective of gender , caste, creed etc will boost the national unity.
- Cornerstone of secularism
The preamble of our constitution clearly states that India is a sovereign, socialist, secular state. But it is high time to think that whether the citizens of India will enjoy real secularism without the implementation of UCC. Even after decades of independence also different personal laws are in existence for different religions.
- Social reforms
Once the UCC is formulated across the nation, India will undergo another social reform in this century. For instance, in Indian context, Muslim women are denied with personal laws in relation to marriage, divorce etc. On contrary, various Muslim nations like Pakistan, Bangladesh, Turkey, Morocco etc women enjoy codified personal laws. So after the implementation of UCC Indian women [especially Muslims, Christians etc] will also enjoy a codified personal law. Therefore, a stepping stone towards another social reform across the country.
Disadvantages of Uniform Civil Code
- A threat to communal harmony
Potential misunderstandings regarding Uniform Civil Code created a fear among various religions especially minorities. It is often viewed by many religions that UCC is aimed against their religious customs and values. Before the implementation of UCC, authorities should win the trust of minorities. Otherwise, it will destroy the communal harmony of the nation.
- Government’s interference into personal freedom
It is often viewed by many that it is the crocked game of the government to interfere in personal freedom of individuals. But Uniform Civil Code is aiming only to protect and safeguard the rights of all citizens.
- Not yet the correct time for implementation
The Muslim community is opposing the implementation of Uniform Civil Code and stating that it is not the correct time. Also they are arguing that the subject should take into consideration along with other recent issues the silence of authorities in relation to saffronization of schools, beef issues etc are triggering them and further stating as the overruling of majorities over minorities.
- Difficulties due to India’s diversity
The implementation of Uniform Civil Code is a cumbersome task due to wide diversity of our nation. Cultural differences from state to state and community to community is yet another hindrance for a unified personal law.
The implementation of Uniform Civil Code can be considered as the need of the hour. Even after years of achieving independence, citizens are not enjoying real freedom yet. Unified personal law cannot be viewed with religious emotion but it as the need for the country.