Current Affairs 30th June,2023 - Part-4 | Understanding the Uniform Civil Code in India: Exploring its History, Articles, and Implications

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The Uniform Civil Code (UCC) is a proposed law in India to create and execute personal laws of citizens regardless of their gender, sexual orientation, or religion. The UCC emerged from the British government's 1835 report on colonial India, which emphasized the need for uniformity in the codification of Indian law with regard to crimes, evidence, and contracts. The B N Rau Committee in 1941 was forced to create Hindu law due to an increase in legislation addressing personal concerns at the end of British rule. The committee's recommendation was based on the scriptures, suggesting that women would have equal rights under a codified version of Hindu law.

The Rajya Sabha introduced a bill in the upper house that would create a commission to draft a UCC. The bill was introduced with the intention of being implemented nationwide. The Rajya Sabha mentioned creating a national inspection and investigation commission to create a uniform civil code. Muslims and other conservative groups continue to debate the Uniform Civil Code, surrounding secularism in Indian politics in defense of sharia and religious practices. Personal laws govern marriage, divorce, inheritance, adoption, and maintenance, and they are distinct from public laws.

The primary argument against a UCC is that it infringes on the right of citizens to practice the religion of their choice, which enables religious communities to adhere to their own local laws. The fundamental rights subcommittee of the Indian Constituent Assembly purposefully omitted the inclusion of a UCC as a fundamental right. Tribal organizations have expressed a similar worry, such as the Rashtriya Adivasi Ekta Parishad, which petitioned the Supreme Court in 2016 to request protection for its members' traditions and religious beliefs from a future UCC.

The purpose of the UCC in India is to safeguard vulnerable communities, including women and religious minorities, as envisioned by Ambedkar, while simultaneously fostering nationalistic fervour via unity. When put into effect, the code will make laws that are currently divided based on religious views, such as the Hindu code bill, Sharia law, and others, simpler and more universal. All citizens will then be subject to the same civil law, regardless of their religious affiliation.

The Indian Constitution, which includes Articles 25-28, guarantees religious freedom to Indian citizens and permits religious organizations to conduct their own affairs. Article 44 of the Constitution requires the Indian state to apply directive principles and common law for all Indian citizens while establishing a nation's policies. The Uniform Civil Code in India does not make distinctions based on gender or sexual orientation, inspiring hope for the LGBTQIA+ population in India.

India has a rich history of personal laws, with Hindu and Muslim communities having their own unique legal systems. Initially drafted during the British Raj, personal laws were primarily based on Hindu and Muslim traditions. After India gained independence, Hindu code bills were introduced, codifying and reformatting personal laws in different sects of Indian religions, such as Buddhists, Hindus, Jains, and Sikhs. However, the Shah Bano Case in 1985 led to the introduction of the Universal Civil Code (UCC) in Indian politics.

The Hindu Code Bill, passed after the Indian Constitution was adopted in 1951, was a significant step in promoting civil laws in India. The Hindu Succession Act was passed in 1956, updating Hindu personal law and increasing property rights and ownership opportunities for women. The Act of 1956 also granted women property rights, and in 2005, it was amended to add more descendants, elevating women to Class I heirs.

Civil laws in India are influenced by faith, while criminal laws are uniform and apply to all people equally, regardless of their religious views. Personal laws, which govern civil disputes, have always been applied in accordance with constitutional standards, despite being swayed by religious scriptures. Hindu and Muslim personal law derives from and is governed by the sacred books of their respective religions.

  Hinduism recognizes the application of personal laws to cases involving legal matters such as inheritance, succession, marriage, adoption, co-parenting, sons' duty to settle their father's debts, the division of family property, maintenance, guardianship, and charity contributions. Islam has personal rules based on the Quran, governing issues such as pre-emption, guardianship, marriage, wakfs, dowry, inheritance, wills, succession, legacies, and marriage.