UNIFORM CIVIL CODE

In areas like as marriage, divorce, inheritance, and adoption, the Uniform Civil Code (UCC) advocates for the creation of a single law for India that would apply to all religious sects. The law is based on Article 44 of the Constitution, which states that the state must work to ensure that citizens throughout India have access to a uniform civil code.

For over a century, the subject has been at the forefront of political discourse and discussion, and it is a top priority for the Bharatiya Janata Party (BJP), which has been pressing for legislation in Parliament. The saffron party was the first to vow that if it wins power, it will adopt UCC, and the subject was included in its Lok Sabha election program for 2019.

The central family law acts were extended to Jammu and Kashmir when Article 370 was repealed. Although this is another step toward adopting UCC across India, there is still a long way to go in this endeavor. 

Human rights and the values of equality, fairness and justice all support the creation of a standard civil code. Article 44 of the Indian constitution’s directive principle is important because its goal is combat discrimination against vulnerable groups and to bring disparate cultural groupings together across the country. While drafting the Constitution, the father of our constitution “Dr. B R Ambedkar” stated that while a UCC is desirable, it should remain voluntary for the time being, and so Article 35 of the draft Constitution was added as part of the Directive Principles of State Policy in Part IV of the Constitution of India as Article 44. It was included into the Constitution as a condition that would be met when the nation was ready to embrace it and the UCC could gain societal acceptability.

The UCC aims to provide the following:-

  1. Protection of Vulnerable Portions of Society: The UCC strives to safeguard vulnerable sections of society, like women and religious minorities, as envisioned by Ambedkar, while simultaneously encouraging nationalistic ardour via unity.
  2. Rules will be simplified: The code will make the complicated laws of marriage ceremonies, inheritance, succession, and adoptions more accessible to everyone. All citizens, regardless of their faith, shall be subject to the same civil law. When passed, the code would strive to simplify laws that are now divided based on religious views, such as the Hindu code bill, Sharia law, and other similar legislation.
  3. Secularism: A goal established in the Preamble, and a secular republic requires a single law for all people rather than differentiating regulations based on religious customs.
  4. Gender justice: Each religion in India has its own set of personal rules covering weddings, divorce, succession, adoption, and maintenance. Women’s rights, however, are typically restricted by religious legislation, whether Hindu or Muslim. A famous example is the practice of triple talaq which is now been held unconstitutional.

All personal laws will be abolished if an unified civil code is established. 

Therefore, the people’ fundamental rights to equality before the law and equal protection under the law, as guaranteed by the Constitution, need a comparable response throughout these regions. Article 44, which requires the state to make reasonable efforts to ensure that citizens have access to an unified civil code across India, has the same effect.