The Uniform Civil Code:
People again discussed the Uniform Civil Code. It becomes a hot topic during elections. It is
crucial to know why it is in discussion again. Why do some parties promise to use this code
Uniform Civil Code –
It advocates one law for India. India’s Uniform Civil Code applies to all religions. It covers all
matters, such as adoption, divorce, marriage, inheritance, and others. Article 44 of the Indian
constitution includes this code. It lays down that the state strives to ensure a uniform civil code
for the citizens and states of India. It becomes the political agenda of specific parties that move
legislation in Parliament. In the Lok Sabha election in 2019, the ruling party becomes the first to
affirm the execution of the UCC.
Importance of Article 44 –
The primary aim of Article 44 of the Indian Constitution is to address discrimination against
individual groups and provide for various cultural groups in the country. When preparing the
constitution, Dr. B. R. Ambedkar stated UCC is necessary, but it remains voluntary. They
included Article 35 of the draft constitution as a section of the Directive Principles of the State in
Part IV of the Constitution of India as Article 44.
It is a condition of the Constitution. They will fulfill it when a country is keen on adopting it. The
social acceptance of UCC is necessary. The speech given in Constituent by Ambedkar is “No
one need be apprehensive that if the State has the power, the state will immediately execute…
that power to be objectionable by the Muslims or by the Christians or by any other community.” I
think it would be a mad government if it did so.”
Birth Of Uniform Civil Code –
They relate the history of the Uniform Civil Code to the British government. When there was a
colonial system in India in 1835, they submitted their report for equality in the structure of Indian
law. They relate it to crime, evidence, and contracts, keeping the personal laws of Hindus and
Muslims outside of regulation.
In 1941, the British formed the B. N. Rau committee to summarize Hindu Law following a rise in
legislation on personal issues during British rule. There was a discussion regarding the need for
common Hindu laws by the Hindu Law Committee. The committee suggested a codified Hindu
law that provides equal rights to women. They reviewed the 1937 Act and also advocated a civil
code of marriage and succession for Hindus.
Hindu Code Bill –
They proposed a draft of the Rau Committee report to an exclusive committee chaired by B. R.
Ambedkar. They were ready for discussion after the adoption of a constitution in 1951. The
discussion with the committee was continued and Hindu Code Bill expired. They resubmitted
the bill in 1952 and adopted it in 1956 as the Hindu Succession Act. Laws relating to unwilled
advancement for Hindus, Buddhists, Jains, and Sikhs were modified and codified.
This Act amended the Hindu personal law. It gave property rights and ownership to women.
Their inheritances from their fathers became the property of the women. The prevailing rules of
succession under the Act of 1956, when a male dies intestate, is that successors in Class I
succeed in priority to beneficiaries in other categories. The later amendments to this Act in 2005
included more heirs. An amendment to the Act in the year 2005 added more descendants,
advancing females to Class I inheritors. They assigned the daughter the exact share that is
given to a son.
Difference Between Civil Law & Criminal Law –
All citizens of India are subject to the criminal laws. Religious differences do not exist. Religious
faith affects civil laws. It enforced personal laws that come in civil cases according to
Personal Law –
Personal law applies to a group of people that is based on their caste, religion, faith, and belief.
It formed these beliefs after the study of religious texts. The personal laws of Hindus apply to
legal problems related to multiple factors. It includes marriage, adoption, inheritance,
succession, adoption, and many others. The personal laws of Islam are used to solve matters of
wills, marriages, inheritance, wakfs, dowry, divorce, legacies, gifts, and many more.
Wrap Up –
The Uniform Civil Code has provided security to various sections. It includes women, religious
minorities through unity. The code is used to simplify laws based on religious beliefs. They also
changed it according to new rules.
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