Uniform Civil code in Indian Constitution Is it justiciable? Why is it needed? Challenges of UCC in Indian Constitution
Uniform Civil code in Indian Constitution
- Article 44 of the Constitution says that there should be a Uniform Civil Code.
- According to this article, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”.
- Since the Directive Principles are only guidelines, it is not mandatory to use them.
Why is it needed?
- Different personal laws create discrimination between people of different religions and genders.
- A Uniform Civil Code will ensure that women have the same rights and opportunities in the courts as men, regardless of their religion.
- This includes matters such as marriage, divorce, custody of children, inheritance rights, and adoption.
- A secular republic needs to have a common law for all its citizens, rather than different rules based on religious practices.
- National Integration and Simplification of laws
Challenges
Constitutional challenges
- Freedom of religion is incompatible with the right to equality.
- Article 25 guarantees each person the right to practice their own religion free from interference.
- Article 26(b) protects the right of religious denominations to manage their own affairs in matters of religion
- while Article 29 defines the right to conserve one's cultural heritage.
- These rights often conflict with the principle of equality before the law enshrined under articles 14 and 15 of the Constitution.
- Moreover, the freedom of religion of an individual is subject to public order and health.
Social-political challenges
- The minority groups are concerned that the dominant culture is being imposed on them without their consent.
- Bringing uniformity among all the different cultures in India will be a difficult task.
- The patriarchal mindset in Indian society poses a big challenge in the implementation of the UCC.
- The Hindu code bill has been in place for a few decades now, but the land that Hindu women are actually given as inheritance is only a fraction of the land they are entitled to.
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