Uniform Civil Code: A Weapon Of Secularism
The civil code refers to a set of laws that govern personal matters such as
marriage, divorce, inheritance, and adoption. These laws are the same for every
citizen of the country, irrespective of their religion, caste, or creed. In
India, personal laws for different religions are recognised and enforced, which
often creates discrepancies and conflict.
The demand for UCC has been a topic of discussion for a long time, and its
implementation is seen as a step towards secularism and gender equality. India
is a diverse country with multiple religions and cultures, and the existence of
different personal laws can sometimes lead to discrimination and inequality. The
Uniform Civil Code (UCC) aims to provide a common set of laws that are
applicable to all citizens, regardless of their religious beliefs.
By implementing a UCC , India can ensure equal rights and opportunities for all
individuals, irrespective of their religious background, promoting a more
inclusive and fair society. Ultimately, embracing a UCC would help strengthen
the principles of secularism and gender equality in the country.
Understanding Secularism
The term secular was added by the 42nd Amendment Act of 1976 to the Indian
Constitution. The Supreme Court also made comments about having a secular word
in the Indian Constitution. Now, when we talk about the word secular, we need to
understand the meaning of the term. The literary meaning of the word secular is
that which is different from religious or spiritual matters. If something is
secular, it is not attached to religious or spiritual matters, for example, the
secular laws, or we can say the uniform civil codes.
When we see the meaning of the term secular from the perspective of the Indian
Constitution, citizens have complete freedom to follow and practise any religion
that they want as per their beliefs. The state of India does not have an
official religion.
Now the question is how the UCC has a parallel and rational behaviour with
secularism. To understand that behaviour, we need to understand the meaning of
both terms. From the above paragraph, we can conclude that the meaning of
secular is not to follow the religion but to follow the secular law, and that is
the point that ucc is also making.
The UCC is nothing but a secular law that does not appreciate any religion or
break the provisions of any religion. What the secularists are saying is that
they want to cover the people with equal beliefs and equal laws. The UCC is a
set of laws to govern all family matters under a single provision of law, which
directly supports secularism. A state has a single set of rules for the people
of all religions, not just one religion.
This shows The Uniform Civil Code promotes secularism by treating all religions
equally. In the constituent assembly, the constitution makers also expressed
their views on the relationship between UCC and secularism. K.M. Munshi
expressed his views, stating that even in the absence of Article 35, it would be
lawful for Parliament to enact a uniform civil code since the article
guaranteeing religious freedom gave the state power to regulate secular
activities associated with religion.
In some Muslim countries, for example, Turkey and Egypt, the personal laws of
religious minorities are not protected. Moreover, certain communities among
Muslims, for example, the Khojas and Memons, did not want to follow the Shariat,
but they were made to do so under the Shariat Act, 1937. European countries had
uniform laws that applied even to minorities.
Religion should be divorced from personal law. The Hindu Code Bill did not
conform in its provisions to the precepts of Manu and Yajnavalkya. In essence,
personal laws discriminated between people on the basis of sex, which was not
permitted by the Constitution.
Linking Uniform Civil Code And Secularism
The basic concept of secularism is to ensure equal treatment for all citizens,
regardless of their religions. We can say that the concept is that one group
cannot be more privileged than another. When we move to the constitution, it
provides strength for the people to follow and practise their religion and to be
treated equally before the law.
Secularism does not challenge the main idea of any relationship or religious
matter in any particular religion. So we can say that secularism is a tool to
provide equality to citizens. The idea of UCC is parallel to the principles of
secularism and the values provided in the Indian Constitution.
It promotes the idea of equal treatment under the law, regardless of religious
background. The implementation of UCC will help keep everyone in the state on
the same level or on the same page. Article 14 of the Indian Constitution
promotes the right to equality, whereas on the other side, UCC promotes equality
in personal laws.
So when we talk about equality losses, equality must be in all subjects. Article
15 of the Indian Constitution prohibits discrimination on the basis of religion,
and you say to promote equality among all the religions . This shows the
parallelism between the UC and secularism. When we talk about the right to
freedom of religion with the concept of UCC, we come to know that it has a big
effect on promoting the right to freedom of religion.
Article 25 of the Indian Constitution lays down freedom of conscience and the
free profession, practise, and propagation of religion. In simple ways, everyone
is free to deal with the matter of religion and what the UCC It lays down that
the laws to deal with personal matters will be one for all, but all are free to
enjoy the ceremonies as per their religious beliefs, and they are not bound to
give any religious ceremonies.
While Article 26 of the Indian Constitution exactly lays down the same thing as
freedom to manage religious affairs" . Article 25(2) of the Indian Constitution
also lays down that "nothing in this article cell affects the operation of any
existing law or prevents the state from making any law". It directly lays out
the promotion of secularism, which is favourable and beneficial for the people
of India.
Potential Benefits Of A Uniform Civil Code
The Uniform Civil Code is the most burning issue nowadays. The idea behind UCC
is to make the nation secular and consistent in every religion's rights and
laws, which we also refer to as "Ik Desh Ik Kannon ." The UCC is always a weapon
for secularism, which can stop the disparcenaries and conflict between different
religions on terms of superiority. If there is only one prevailing personal law
in a country, then it would promote equality and eliminate discrimination based
on religion.
It would also simplify legal processes and ensure a fair and uniform application
of laws for all citizens, regardless of their religious beliefs. Additionally, a
uniform civil code can help promote gender equality by addressing discriminatory
practises prevalent in personal laws.
The main advantages of the UCC are equality and secularism, which is one of the
core principles of the Indian Constitution. It comes under the basic structure
of the Indian Constitution. Till now, we only have it in the constitution; we
don't have secularism in the real sense or on the ground level. UCC is the only
way to strengthen secularism and democracy.
The implementation of the UCC will ensure that the state does not discriminate
among different religions and enforces a uniform set of laws for all citizens.
No person or religious community may feel superior to another when one personal
law is the dominant one in the nation. Similarly, if there is uniformity in the
country's commercial, criminal, and civil laws, why not in its personal laws?
The personal law of the nation needs to be unified. There should be one law in
the entire country, i.e., Bharat. The UCC also seeks to promote women's or
gender justice.
Personal laws of different religions often discriminate against women, depriving
them of their rights and freedom. As we see in Muslim religion, there is a
custom that one male person can marry four females and can also be married to a
prohibited relationship, which is defined in Hindu law, which can deprive women
of their human rights.
For example, a Muslim woman is not allowed to divorce her husband without his
consent. While men have the right to divorce their wives by simply pronouncing
the word talaq three times.
The implementation of the UCC gives them equal rights and opportunities under
the law. Another advantage of UCC is that it helps reduce the conflict and
disputes that arise due to different personal laws. With a uniform set of laws,
people of different religions will not have any reason to fight for their rights
and will not feel discriminated against. This will create a sense of unity and
solidarity among different communities.
Critiques And Challenges Of The Uniform Civil Code
The implementation of UCC is not easy and is likely to face severe challenges.
The first challenge is the opposition of so-called religious leaders and
commoners who are not willing to give up their personal lives. The personal laws
of different religions have been in existence for centuries and are an integral
part of their cultural and religious beliefs.
The implementation of the UCC may be seen as an attack on this religion and
culture, which can lead to protests and resistance against the gout and the Act.
Additionally, the diversity of India's population poses a significant challenge
to the implementation of UCC.
There are numerous religious and ethnic communities in India, and each one has
its own unique traditions and customs. Those who worry about losing their
distinct identity and heritage may be resistant to unifying these disparate
practises under a single code. To address these issues and ensure a smooth
transition to a uniform civil code, careful thought and open discussion will be
required.
The other challenge is to change the mindset of people. People of all religions
have their own customs, ceremonies, and laws to perform marriage, inheritance,
divorce, etc. By just uniformizing the personal laws of all religions, we harm
their sentimental value. All these customs, ceremonies, and laws are not new;
they have been used by people of different religions for a long time. Changing
the mindset of people of different religions is not an easy task.
It requires a comprehensive and inclusive approach that respects the diversity
of beliefs and values. Programmes that promote understanding and acceptance
between people of different religions can be extremely effective. Additionally,
dialogue between communities and religious leaders can help close gaps and
encourage a more peaceful coexistence. The other challenge is the lack of
political will.
The implementation of UCC requires political will and determination, which may
not be present among politicians. The issue of UCC is often seen as a sensitive
political issue. and political parties may not want to take a stance that may
alienate the Perticulas community. It is crucial to understand that the
implementation of UCC is about ensuring justice and equality for all citizens,
not just appeasing one particular community.
Politicians can show true leadership by prioritising the rights and well-being
of every person, regardless of their religious background, and by fostering a
society that upholds secular values while respecting various religious beliefs.
Open discussions, stakeholder consultations, and a dedication to inclusive
decision-making processes can help achieve this.
Case Studies Of Uniform Civil Code Implementation
In the case of Sarla Mudgal versus the Union of India, a Hindu man
converts his religion to Islam for a second marriage. Now the question arises as
to whether the second marriage is valid or not without the dissolution of the
first marriage. This case highlights the need for a uniform civil code to
address such conflicts between personal laws of different religions.
Implementing a uniform civil code can provide clarity and consistency in matters
of personal law, ensuring equal rights and justice for all citizens regardless
of their religious background.
In the case of Shayara Bano versus the Union of India, the court decided
to unconstitutionalize the tripal talak and directed the legislature to take
measures against it in order to stop the abuse of women. The court's decision in
the Shayara Bano case highlights the urgent need for a uniform civil code.
By declaring triple talaq unconstitutional and urging legislative action, the
court recognised the importance of protecting women's rights and ending
discriminatory practises based on religious laws. Implementing a uniform civil
code would be a significant step towards ensuring gender equality and upholding
fundamental rights for all citizens. The court concluded with the statement that
the constitution requires states to implement UCC in India.
In the case of Mohd. Ahmed Khan versus Shah Bano Begum, Mohd. Ahmed Khan
threw his wife, 62-year-old Shah Bano Begum, out. On this, Shah Bano filed a
petition against Mohd. Ahmed Khan under Section 125 CrPC, asking for monthly
maintenance of Rs. 500 from her husband. But in this other aspect coming out,
under Islamic law, Mohd. Ahmefd Khan is only entitled to pay a lump sum of Rs.
5400.
The court examined the conflict between the provisions of Section 125 CrPC and
Islamic law. They acknowledged that while Islamic law allows for a lump sum
payment, the constitution mandates the implementation of the Uniform Civil Code
(UCC) in India. Therefore, the court ruled in favour of Shah Bano, stating that
she is entitled to monthly maintenance as per Section 125 CrPC.
Future Perspectives On Uniform Civil Code
The future perspective of UCC is that it will be used or work as a weapon to
provide a quality fraternity. Liberty and Unity for a nation it will provide the
equality to the women of the nation after implementing this there will be no any
anti women laws which made women as a deprived section of society it will create
the sense of equality among the man and woman among the cast Creed religion.
And on many grounds this situation situation of a quality lead to the fraternity
and all the section of society no one will feel as deprived or different from
the society all will be treated equal on the basis of law only which is the main
concept of or the notion of secularism in India this law the Uniform Civil Code
will provide a liberty to the women of our society to get their property right
and other family right there will be liberal to fight for they are rights the
man and woman all will be get married after attaining certain age after this law
they will not get married forcefully in there lower ages this this will provide
away for the development women will be free to work for there personal
development.
The Uniform Civil Code will create a sense of unity in society as it will
provide a situation where no religion will be an obstacle to equality and a
sense of brotherhood. This notion will create a sense of nationalism in society.
The implementation of the Uniform Civil Code will also ensure that all citizens,
regardless of their religious beliefs, are treated equally under the law.
This will promote a more inclusive and harmonious society, fostering mutual
respect and understanding among different religious communities. Additionally,
it will eliminate any discriminatory practises that may exist within personal
laws based on religion, further strengthening the principles of justice and
fairness in our legal system.
Conclusion
The implementation of Uniform Civil Code is a very essential task for the
rational development of Indian subcontinent speaking and understand it is the
integral part to promote secularism and gender equality even.
The Unity in the nation we saw it is an integral part of Indian Constitution
which has been defined in article 44 of Indian Constitution it's implementation
will promote uniformity in the personal law which bring several changes and
provide a better way to deal with the differences and divisions in the society
how about the implementation of UCC is not an easy task we saw the several
reasons that comes in the way of ucc and its implementation.
We are facing the several challenges like the wrong implementation of UGC by the
religious leaders and their opposition also then we saw lack of political way
for the implementation of ucc is also a big challenge the topic is not to
challenge the personal law but is to bring the integrity of nation for which the
implementation of Uniform Civil Code is an integral step for a nation. We also
get the different aspects of UCC from the constituent assembly debate the idea
of KM Munshi and Dr Bhimrao Ambedkar how they interpreted Uniform Civil Code is
better for a Nation.
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