Omkar Dattatray
The uniform civil code or uniform common code has remained one of the controversial subjects from last several decades and it is also a matter of intense debate in the political circles of the country .The UCC has come to occupy a centre stage in our politics and country because of the fact that the state of Goa and recently the state of Uttrakhand passed the UCC bill and also got the assent of the governor and thus it has become a law in that state because of the efforts of its chief minister Pushkar Singh Dammi .Now the state of Assam under the government of Himanta Biswa Sarma is seriously making efforts to make UCC a reality in Assam .The uniform civil code is very necessary and its need is felt in the country and so our state governments and the central government should take necessary steps in the direction of making UCC a reality and for that noble purpose the bills in this regard have to be introduced and passed by the states and if the bill regarding UCC is introduced and passed in the union parliament and made an act to be applicable and enforceable in the whole country and in that case the states are dispensed not to frame law on UCC .The fact and hard reality is that the founding fathers of the Indian constitution were well aware about the need of UCC and therefore this subject was kept in article 44 of the constitution as a directive principle of state policy and it means that the state shall take steps to make uniform civil laws a reality .Therefore the BJP government should take steps to make legislation on this controversial subject .However UCC has remained an item of agenda in the election manifestoes of the right wing saffron party of BJP ever since the existence of the BJP from the days of the Jana Sangh and therefore the central government of the BJP should make serious efforts to frame a law about uniform civil code so that it is enforced for all citizens in the country .It is important to note here that due to India’s diversity of religion ,culture and languages it could not be legislate upon and we have been rendered unable to frame a law in this regard .The fact is that there is great need and necessity in the country for UCC and therefore the union government of BJP should take necessary steps to enact a law on uniform civil code .Recently UCC took a centre stage when Prime Minister Narendra Modi mentioned the importance of UCC in one of his rallies in Madhya Pradesh .As already said ,the implementation of UCC poses severe hurdles because of the cultural and religious diversity of India .At the outset ,it is in the fitness of things to know the meaning of UCC .Uniform civil code (UCC) is a legal framework though it is not enforceable by the law .it is a set of uniform laws regarding inheritance marriage ,adoption ,succession ,and divorce applicable to all citizens irrespective of their religion community ,race ,sex and caste .The uniform civil code was proposed to be implemented with the aim of replace the personal laws applicable to each religious community based on customs and scriptures. There are many advantages of implementing UCC and some points of its importance are as under.1-It promotes equality in the society and country .In modern India ,there is need to form uniform personal laws for all citizens irrespective of the religious affiliation .For a secular democracy of India ,there is considerable need for having a uniform civil and personal laws for all citizens cutting across the religious and cultural barriers .There should be no different laws for every religion ,class, caste ,gender ,sex and race.2-UCC makes national integration possible as it promotes national unity in the country .So for as criminal laws and civil laws are concerned all the citizens should be treated equally by the court .So UCC can end discrimination among the citizens belonging to various religions .The UCC fosters national integration and national unity.3-UCC will lead to gender parity and equality .It has been seen that the personal laws of different communities are biased towards men .Women are generally discriminated in matters of succession and inheritance ,but with the implementation of common civil code the discrimination will end.4- UCC will end the exploitation of the women in the society .Women are generally discriminated and exploited and with the enforcement of same civil and criminal laws, the exploitation with the women will cease to a vast extent and therefore there is strong case for having a common civil code in the country.5-The UCC will also moderate loopholes in personal laws .The personal laws of different religions have some inherent problems because of their favoritism towards the patriarchal concept of society and the uniform civil laws will eliminate such limitations in the personal laws and will make uniform laws for all communities a possibility and will end the loopholes in personal laws of different communities. The UCC will celebrate diversity and strengthen unity in the country .It will promote national integration and secularism by removing the distinctions and contradictions based on religious personal laws and will create a common personal laws and will also create a common identity for all citizens .The UCC will foster a sense of unity and harmony among diverse communities.UCC will empower women through uniformity ,It would ensure gender justice and equality by abolishing the discriminatory and oppressive practices against women in various personal laws such as polygamy ,unequal inheritance .The current legal system is burdened with complex and overlapping personal laws ,leading to confusion and legal disputes .The UCC will simplify the legal framework by consolidating and harmonizing various laws into a single code .A UCC is a sign of a modern progressive nation implying that it has moved away from caste and religious politics .Many countries in the world have common civil laws and so we in India should also have uniform civil laws for different communities as it would lead to modernity .To conclude it can be argued that in India we should without further delay frame common civil laws so that various kinds of discriminations will cease and common civil laws will become a reality.
(The author is a columnist,
social and KP activist).
