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Uniform Civil Code

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35 views2 pages

Uniform Civil Code

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2182053
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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What is Uniform Civil Code

The Uniform Civil Code (UCC) calls for the formulation of one law for India,
which would be applicable to all religious communities in matters such as
marriage, divorce, inheritance, adoption. The code comes under Article 44 of
the Constitution, which lays down that the state shall endeavour to secure a
Uniform Civil Code for the citizens throughout the territory of India.

UCC is meant to replace various laws currently applicable to various respective


communities, which are inconsistent with each other. These laws include the
Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act,
Indian Divorce Act, Parsi Marriage and Divorce Act. Meanwhile, certain codes
like Sharia (Islamic laws) are not codified and solely based upon religious
scriptures and interpretations.

The proposals in UCC include monogamy, equal rights for son and daughter
over inheritance of paternal property, and gender and religion neutral laws with
regards to will, charity, divinity, guardianship and sharing of custody.

Why is Article 44 important?


The objective of Article 44 of the Directive Principles in the Indian Constitution
was to address the discrimination against vulnerable groups and harmonise
diverse cultural groups across the country. Dr. B R Ambedkar, while
formulating the Constitution had said that a UCC is desirable but for the
moment it should remain voluntary, and thus the Article 35 of the draft
Constitution was added as a part of the Directive Principles of the State Policy
in part IV of the Constitution of India as Article 44. It was incorporated in the
Constitution as an aspect that would be fulfilled when the nation would be ready
to accept it and the social acceptance to the UCC could be made.

What will Uniform Civil Code do?


The UCC aims to provide protection to vulnerable sections as envisaged by
Ambedkar including women and religious minorities, while also promoting
nationalistic fervour through unity. When enacted the code will work to
simplify laws that are segregated at present on the basis of religious beliefs like
the Hindu code bill, Shariat law, and others. The code will simplify the complex
laws around marriage ceremonies, inheritance, succession, adoptions making
them one for all. The same civil law will then be applicable to all citizens
irrespective of their faith.
Recent judgement of Delhi High Court regarding implementation of UCC
All the petitioners have contended that India "urgently needs a uniform civil
code" to promote national integration as well as gender justice, equality and the
dignity of women.
The petitioners have contended that gender justice and gender equality,
guaranteed under Articles 14-15 of the Constitution and the dignity of women,
guaranteed under Article 21 of the Constitution, cannot be secured without
implementing Article 44 (the State shall endeavour to secure for citizens a UCC
throughout the territory of India).
The petitions have claimed that a UCC would replace the personal laws, based
on the scriptures and customs of various religious communities, with a common
set of rules governing every citizen of the country.

Uniform Civil Code And Goa


In India, Goa is the only state to have a UCC regardless of gender, religion and
caste.in Goa there is a common family law so we can say that Goa is the only
state in India that has a Uniform civil code. Every person regardless of religion,
Hindu, Muslim and Christian have to follow the same rules related to things like
succession, divorce and marriage. In 1961. Marriage in Goa is a contract
between 2 people belonging to different gender to live together and have a legal
family that is registered in the civil registrar's offices.

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