Uniform Civil Code refers to a common set of laws for all citizens regardless of their gender, religion, or class. The purpose of UCC is to promote social harmony, gender equality, and justice by unifying personal laws. While a nine–judge Bench of the Supreme Court is still deliberating on the extent and boundaries of religious freedom, there is a recent resurgence in recommending UCC. However, this push is met with resistance from various communities who view it as an infringement on their personal laws and religious liberties. Meanwhile, Prime Minister Narendra Modi emphasized the need for a UCC by shedding light on discriminatory practices against women within the personal laws of specific religious communities.
The enforcement of the Uniform Civil Code will enhance the application of laws to all citizens, ensuring impartiality based on gender or religion. The necessity for a UCC has its roots in the post-independence era, advocated by BR Ambedkar, the Father of the Constitution. Several significant cases, including Triple Talaq, Adultery (section 497), Shah Bano Begum, and the Sabarimala Temple case have highlighted the need for a UCC in India.
Currently, Hindu Undivided Families enjoy tax exemptions, while the Muslim community is exempt from paying stamp duty on gift deeds. The Uniform Civil Code does not aim to favor any specific religion; instead, it seeks to establish a uniform set of laws that can facilitate the coexistence of all religions. Furthermore, the implementation of the Uniform Civil Code will not affect Article 15(3) of the Indian Constitution, which empowers the Parliament to make special provisions for women and children, or Article 15(4), which allows for special provisions to uplift socially and educationally backward classes. These provisions will remain intact and should not be misconstrued.
The debate surrounding the UCC in India continues to be a topic of discussion. While proponents argue for a unified legal framework to ensure gender equality and social cohesion, critics express concerns about encroachment on personal laws and religious freedom. In India, such a progressive reform would bridge the gender gap and overcome religious taboos, fostering a nation that operates under a unified legal system.
Comments