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Uniform Civil Code - Coggle Diagram
Uniform Civil Code
What is UCC?
Particularly for marriage, divorce, property inheritance, adoption etc.
Article 44 of DPSP provides for UCC
Applicable to all religious communities in their personal matters
Hence not binding on Govt
It would provide for one law for the entire country
Why need UCC?
UCC would provide equal status to all citizens
It would promote gender parity in Indian society.
UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
Its implementation would thus support the national integration.
Hurdles to implementation
There are practical difficulties due to religious and cultural diversity in India.
The UCC is often perceived by the minorities as an encroachment on religious freedom.
It is often regarded as interference of the state in personal matters of the minorities.
Experts often argue that the time is not ripe for Indian society to embrace such UCC.
UCC vs. Right to Freedom of Religion
Article 25 lays down an individual’s fundamental right to religion;
Article 26(b) upholds the right “manage its own affairs in matters of religion”;
Article 29 defines the right to conserve distinctive culture.
Subject to “public order, health, morality”
In the Constituent Assembly, there was division on the issue of putting UCC
By a 5:4 majority, UCC was added to DPSP
What about Personal Laws?
“Personal laws” are mentioned in the Concurrent List.
No exclusive jurisdiction to Parliament in respect of personal laws
Multiple property and matrimonial laws are affront to the nation’s unity
Conclusion
Article 44 of the Constitution creates an obligation upon the State to UCC
Necessary for “Secular Democratic Republic”
It can integrate India by bringing communities on the common platform and protections
UCC should be enforced taking into confidence all the sections of Indian society.