The ABC of Uniform Civil Code

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Uniform Civil Code has been much hyped in recent days. But what is it actually about ? This article will explain all the you need to know about this recent debate and various sides to it.

What is Uniform Civil Code?

The recent debate is about running and formulating policies and laws under this uniform civil code and not confusing the legal procedures with different religious laws and ideologies.

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Some examples being : triple talaq in muslims, defined by Islam but disregarded by Indian judiciary. Polygamy, allowed in Islam but not recognised by Indian judiciary.

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There are some states that follow their own cultural practices and thus have their own set of conduct.For example: The Goan residents follow the Portugese Family Rule of Inheritance and not Hindu Marriage Act or Muslim Personal Laws.

Why not implemented earlier?

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The makers of the Indian Constitution recognised the fact that since India is a secular state, if they go ahead to pose an opposition to various religious laws that govern them then there might be a state backlash. Thus, to avoid this hypothetical backlash, they wisely shrugged this idea and left it as a suggestion in the directive principle of the state policy in Constitution.  This basically means that the future governments can come ahead and decide whether in the context that they are functioning, is there a need for such Uniform Code of Conduct.

Who holds the implementation power? 

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After the PIL, filed by advocate¬†Ashwini Kumar against the discrimination faced by Muslim women, Supreme Court has stated “It is Parliament‚Äôs prerogative to take a stance on this issue. The apex court can take up steps for such formulation only when the subjugated themselves approach the court for redressal.”

What do the supporters of UCC state?

The supporters of UCC believe that such a uniform code is necessary because the laws framed by All India Muslim Personal Law Board are infringing the rights of woman to equality and a respectable life. Polygamy and Triple talaq are playing a vital role in suppressing the woman. Thus, it deviates from the ideology of the state which explicitly talks of equality of all citizens.

What are the oppositions?

The major opposition to the UCC is that every religion has the right to practise, prophesise and propagate their religion until the extent, it does not cause any third party harm. Thus, if UCC is implemented the Muslim Board believes that it will go against the liberty of religion and thus, deviating from the idea of ‘secular’ state. It would just be equivalent to imposing state hegemony on religious beliefs and practices.

What can be done?

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For Uniform Civil Code to be implemented, the religious leaders and political leaders should sit together and brainstorm on the idea of formulating uniform laws up to what extent so as to it would not go against both the religious as well as state ideologies.

 

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