Uniform Civil Code — A Fundamental Right in itself
Why do we even need a UCC when it hurts religion’s sentiments?
Uniform Civil Code is mentioned in Article — 44 of the Indian Constitution, which states that
The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
There are broadly two laws, namely, Civil Laws and Criminal Laws.
- Criminal Laws = Universal (Irrespective of Religion)
- Civil Laws = 90 % of the Laws are universal, rest 10% are controlled by personal Laws.
Personal Laws deal with many categories like
- Marriage
- Divorce
- Maintenance
- Succession
- Adoption
The conflict between Personal Laws and Criminal Procedure Code
· Section — 125 of CrPC = Any Man who is capable of earning, must financially maintain:
1. His Wife : (includes such women who are divorced, till she marries another man)
2. His Minor Child (legitimate or illegitimate)
3. His Aging Parents, who are not capable of maintaining themselves.
· Applicability of Section — 125 on the Muslim Marriage
Section — 125 further expands Muslim women’s rights to support from their husbands. According to Muslim rules, the maintenance of a Muslim woman should not be granted after Iddat.
However, Section — 125 extends its provisions to Muslim women, which prolongs their rights to retention till they remarry.
The Hon’able Supreme Court decided in the landmark Shah Bano Begum case that a Muslim husband with adequate resources must ensure that the divorced wife, who cannot pay for herself till she remarries, is maintainable.
An Unfulfilled Dream of Founding Fathers is Article-44 of the Constitution of India.
There is a reason why Founding Fathers and Dr. Ambedkar didn’t include the UCC as a fundamental right. At that time, there was already a lot of blood spills during the partition and there was a lot of hate between the different communities of India, and at that time UCC can act as a catalyst for another Civil War in India.
UCC was important to uphold the unity of the country and the Constitution’s secular credentials. This was not a provision that would affect the Muslim community alone — even the Hindu community had to deal with it.
Women’s rights could never be secured without a UCC. Also, the argument that UCC would violate religious freedom under the Constitution was rejected — the Constitution gave space for social reform legislation.
There was nothing new about the UCC. There was already a common civil code in India. The only difference with the new UCC was that it would cover marriage and inheritance — which were not under the scope of the existing code.
It was also pointed out that the UCC was a Directive Principle, the State was not obliged to bring the provision into effect immediately and there was space for the consent of communities to be obtained.
Implementation of UCC
We have to bring the people together and educate them on the benefits of the UCC. This law can increase the dignity of women and can be able to implement equality between different communities of India.
Pro’s of UCC
· Makes India a secular nation just like Europe. (Europe has UCC)
· Equality among citizens of different communities.
· No personal law's interference during the implementation of the law.
· Unite and Integrate the diversity of India.
· Helps to bring social reforms to the Country.
· Promotes Gender Equality
Cons of UCC
· It directly conflicts to the Article — 25 (Freedom of practice and propagation of religion).
· Makes every Indian thinks that UCC is interfering in their religion (social unrest)
· Diversity is a great thing for India, but it has also become a barrier in the implementation of UCC.
Uniform Civil Code of Goa
The state of Goa has a uniform law that applies to people of all religions, castes, and genders. The law binds all individuals, regardless of their religion or sect. In Goa, marriage between two people is a contract.
The main purpose of living together is to form a legitimate family and getting it registered with the civil registrar. This allows them to start life.
Uniform Civil Code in Goa is the perfect example of UCC implemented in the whole country. Goa has more gender equality and modern approach than any other state in India.
We should go through the model of UCC of Goa and UCC of Europe, and make a perfect UCC for our Country, which is the most diverse in any other country in the world.
