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Uniform Civil Code UPSC NOTE

 What is Uniform Civil Code?

  • 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.

Need of it

  • 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.

  • Protection to Vulnerable Section of Society.


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. 

  • More over 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. 


Way forward

  • Basic reforms can be given priority 

    • Having 18 as the marriageable age for all across communities and genders. 

    • Introducing a ‘no-fault’ divorce procedure and allowing dissolution of marriage on the ground of irretrievable breakdown.

    • Common norms for post-divorce division of assets.


  • Within each community’s laws, it will be desirable to first incorporate universal principles of equality and non-discrimination and eliminate practices based on taboos and stereotypes.

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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Uniform Civil Code UPSC NOTE
Uniform Civil Code UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2023/08/uniform-civil-code-upsc-note.html
https://www.learnerz.in/
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https://www.learnerz.in/2023/08/uniform-civil-code-upsc-note.html
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