The uniform civil code
By Sanskar sehgal
(Student 3rd year Symbiosis Law School, Nagpur)
The uniform civil code has been an awfully huge topic for discussion since statesman first tried to introduce it, but the people didn’t believe the concept then it’s been a subject for debate. Although it wasn’t easy to introduce it yet Jawahar Lal Nehru tried to impose it on the Hindu law so the Hindu law fulfils the factors of the uniform civil code. But the matter in today’s scenario is that the thought process of the people is that why is that the law o another religion being imposed on us and why is there a requirement for us to adapt to the laws of another religion. So briefly it will be said that it absolutely was difficult to introduce it then and then it’s now. Though the students argue that we are ready for us now some say it shouldn’t be introduced.
The Uniform Civil Code (UCC) entails the formulation of 1 law for India, which might apply to all or any religious communities in matters like marriage, divorce, inheritance, adoption. The code comes under Article 44 of the Constitution, which lays down that the state shall endeavour to secure a consistent Civil Code for the citizens throughout the territory of India.
The issue has been at the centre of political narrative and debate for over a century and could be a priority agenda for the Bharatiya Janata Party (BJP) which has been pushing for the legislation in Parliament. The saffron party was the primary to vow the implementation of UCC if it involves power and therefore the issue was a part of its 2019 Lok Sabha election manifesto.
Importance of Article 44
The objective of Article 44 of the Directive Principles within the Indian Constitution was to deal with 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 except for the instant it should remain voluntary, and thus the Article 35 of the draft Constitution was added as an element of the Directive Principles of the State Policy partially IV of the Constitution of India as Article 44. it absolutely was incorporated within the Constitution as a side that might be fulfilled when the state would be able to accept it and therefore the social acceptance to the UCC may be made.
Ambedkar in his speech within the Constituent Assembly had said, “No one need be apprehensive that if the State has the facility, the State will immediately proceed to execute…that power in an exceedingly manner could also be found to be objectionable by the Muslims or by the Christians or by the other community. i feel it might be a mad government if it did so.”
Origin of Uniform Civil Code
An increase in legislation addressing personal issues at the far end of British rule forced the govt to create the B N Rau Committee to codify Hindu law in 1941. The task of the Hindu Law Committee was to look at the question of the need of common Hindu laws. The committee, following scriptures, recommended a codified Hindu law, which might give equal rights to women. The 1937 Act was reviewed and therefore the committee recommended a civil code of marriage and succession for Hindus.
Ambedkar in his speech within the Constituent Assembly had said, “No one need be apprehensive that if the State has the facility, the State will immediately proceed to execute…that power in an exceedingly manner could also be found to be objectionable by the Muslims or by the Christians or by the other community. i feel it might be a mad government if it did so.”
The Hindu Code Bill
The draft of the Rau Committee report was submitted to a pick committee chaired by B R Ambedkar that came up for discussion in 1951 after the adoption of the Constitution. While discussions continued, the Hindu Code Bill lapsed and was resubmitted in 1952. The bill was then adopted in 1956 because the Hindu Succession Act to amend and codify the law referring to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act reformed the Hindu personal law and gave women greater property rights, and ownership. It gave women property rights in their father’s estate.
The general rules of succession under the Act 1956 for a male who dies intestate are that heirs at school I achieve preference to heirs in other classes. An amendment to the Act within the year 2005 added more descendants elevating females to Class I heirs. The daughter is allotted the identical share as is allotted to a son.
Difference between civil laws and criminal laws
While the criminal laws in India are uniform and applicable equally to all or any, irrespective of what their religious beliefs are, the civil laws are influenced by faith. Swayed by religious texts, the non-public laws which get effect in civil cases have always been implemented in keeping with constitutional norms.
Personal laws?
Laws that apply to a specific group of individuals supported their religion, caste, faith, and belief are made after due consideration of customs and spiritual texts. the private laws of Hindus and Muslims find their source and authority in their religious ancient texts.
In Hinduism, personal laws apply to legal issues associated with inheritance, succession, marriage, adoption, co-parenting, obligations of sons to pay their father’s debts, the partition of family property, maintenance, guardianship, and charitable donations. In Islam, personal laws apply to matters referring to inheritance, wills, succession, legacies, marriage, wakfs, dowry, guardianship, divorce, gifts, and pre-emption taking roots from Quran.
Features and functions of Uniform Civil Code
The UCC aims to safeguard vulnerable sections as envisaged by Ambedkar including women and spiritual minorities, while also promoting nationalistic fervour through unity. When enacted the code will work to simplify laws that are segregated at this time supported religious beliefs just 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 identical civil law will then apply to any or all citizens regardless of their faith.