What is Uniform Civil Code, why is it necessary for India?

In a layman’s term, the civil code is designed to cover the body of laws protecting and governing the right of the people in relation to property and otherwise, in personal affairs related to divorce, marriage, adoption, inheritance and maintenance.

However, the civil code varies from communities to communities. The laws with regard to marriage and divorce would principally be different for the Hindu Community living in India as opposed to the Muslim, Christian, Parsi or other religious communities of India.

The demand for the “uniform civil code”, would mean, unifying all the “personal laws” to have a secular set of laws which would be

What is Uniform Civil Code, why is it necessary for India - Chakreview.com

What is Uniform Civil Code, why is it necessary for India – Chakreview.com

followed by all the communities in India, regardless of their religious stature.

The Indian Constitution and The Uniform Civil Code

According to Article 44 of the Indian Constitution, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”

The article 37 of the Constitution, makes a clear distinction of the fact that the directive principles “shall not be enforceable by any court”. However, they account for being the fundamental principles with regards to the governance of the country.

BJP Government and The Uniform Civil Code

The current BJP-NDA Govt. Is of the view that all Indians should follow uniform civil code for unified strong India.

The BJP government feels that addressing and implementing a Uniform Civil Code is one of the major issues in India which has found a major place in the government’s manifesto.

The government wants to scrap the redundant laws and expects to make a uniform code of conduct, which can be appraised by all the secular communities of India.

Why do we need a Uniform Civil Code in India?

India is a secular country which is known to inhabit and cater to the interest of varying communities, accounting for a diverse nation that we have been a part of. Right from the time of gaining Independence, the thinkers and political philosophers of the nation thought that the Uniform Civil Code is essential to fully function as a secular nation. But even after the 66 years of gaining Independence, the nation has not been able to implement the idea.

Here are some of the basic reasons that would make you think about the importance of the Uniform Civil Code in the nation

It will ‘execute’ the true meaning of being Secular:

Currently, with different personal laws existing in the country, we are secular in selective ways. The uniform civil code, if, implemented would ensure that all the diverse communities of India will follow a single set of laws, which will unite us a nation.

It will give more rights to Women:

The old religious and personal laws have made our society to be extremely patriarchal. The uniform civil code, will reject the existing archaic laws related to women’s right and will give a new life to our female population specially Muslim women where divorce laws and marriage related laws are men favoured. This will be followed by all the communities to ensure equal and safe right for the females of our nation.

It will reject the “vote bank politics”:

Time and again, our politicians use the ‘vote bank politics’ to attract voters and manipulate their psyche by using the instrument of communal violence, cast politics which always take a dirty road to threatening the secularism in our nation. With the uniform civil code in practice, the politicians will succumb to a more logical and organized method of asking for votes than to bid one religion against each other.

It will integrate India:

In lots of ways, it will truly unite the nation. We will feel united as one regardless of caste, religion and other social evils that seems to differentiate one person from another.

In lots of ways the Uniform Civil Code can change the whole social and political structure of India. It will bring some good changes to our nation. Almost, all the developed nations have a uniform civil code. It is high time that our nation, too, implements for a better change and invite it before raising objections to it. We must, give our politicians the full support, to bring about a better change in India.

  • Burt Phoenix

    Interesting article.Could you please enumerate:

    a) How would a Uniform Civil Code give more rights to women. Which rights are not with women in the current civil codes?
    b) How will it reject vote bank politics? In the past 15 years which special civil law was made for any community?
    c) How will a Uniform Civil Code unite India. How is the uniform civil code different from ‘Special Marriage Act’?