If implemented, how UCC will impact various communities - Explained
The Uniform Civil Code (UCC) was warmly supported by prime minister Narendra Modi on june 27. He said that the opposition parties were "misleading" the minorities on this matter. You tell me, how can there be one legislation for one member of a family and another law for another person in a family? prime minister Modi asked party members gathered in the election-bound state of Madhya Pradesh. Will that house be habitable? So how can a nation with such a dual structure be able to function? We must keep in mind that the concept of equal rights for all is included in the Constitution as well, he continued.
The UCC implementation was the subject of a heated controversy after PM Modi's remarks. The Bharatiya Janata Party-led central government is determined on submitting the bill during the forthcoming Parliamentary Monsoon Session, which has brought the proposed law considerable attention recently.
What is Uniform Civil Code?
What is Uniform Civil Code?
'One nation, one law' is a succinct way to sum up UCC. It is a framework for the law that seeks to displace the personal rules of many religions governing adoption, succession, inheritance, and marriage. It is significant to highlight that UCC concentrates on personal laws because they are controlled by numerous religions, in contrast to civic and penal laws which are the identical for all people.
A Brief History
When personal laws for Hindus and Muslims were drafted in 1864 under british authority, the concept of UCC was first put up. However, the british government made the decision not to 'interfere' with the ways that various religious organisations handle matters relating to personal laws.
BR Ambedkar advocated for the introduction of the UCC after independence on the grounds that it would eliminate antiquated and prejudiced Hindu laws against women. Hindu marriage Act, 1955, Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, and Hindu Adoption and Maintenance Act, 1956 were among the legislation that were added as a result of the discussion in the 1950s.
The State "shall endeavour to secure for the citizens a uniform civil code throughout the territory of india," as stated in Article 44 of the Constitution, under the Directive Principles of State Policy of India. The Hindu Code Bill gave women the ability to inherit their father's assets, request alimony in the event of a divorce, and exercise other rights. Muslims in india adhere to Muslim Personal Law to manage their family matters in accordance with Sharia. The Quran and Hadith (prophet Muhammad's sayings) serve as the foundation for Sharia, or Islamic jurisprudence.
The supreme Court's decision in the Shah Bano case, in which the petitioners sought alimony, ignited a discussion on UCC in 1985. The madhya pradesh high court received a plea from Shah Bano, a 69-year-old Muslim divorcee, in 1978 asking for alimony from her lawyer spouse Mohd. Ahmad Khan. Bano maintained that in order for his wife to be able to support herself after their divorce, a man was required to compensate her under Section 123 of the Code of criminal Procedure, 1973. Khan contested the case, claiming that alimony for divorced women was not recognised under Muslim personal law. The All india Muslim Personal Law Board backed Khan in his desire that the courts not become involved in their case.
The judgement of the high court was confirmed by the then-chief justice of india (CJI), YV Chandrachud, when the issue was considered by the supreme court of india in 1985. The CJI announced the judgement and noted that everyone, regardless of faith, was subject to Section 123 of the Code of criminal Procedure, 1973. The case was seen as a turning point since it clarified the prejudice that divorced Muslim women experience under Muslim Personal Law.
BJP's Pursuit of UCC implementation
BR Ambedkar advocated for the introduction of the UCC after independence on the grounds that it would eliminate antiquated and prejudiced Hindu laws against women. Hindu marriage Act, 1955, Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, and Hindu Adoption and Maintenance Act, 1956 were among the legislation that were added as a result of the discussion in the 1950s.
The State "shall endeavour to secure for the citizens a uniform civil code throughout the territory of india," as stated in Article 44 of the Constitution, under the Directive Principles of State Policy of India. The Hindu Code Bill gave women the ability to inherit their father's assets, request alimony in the event of a divorce, and exercise other rights. Muslims in india adhere to Muslim Personal Law to manage their family matters in accordance with Sharia. The Quran and Hadith (prophet Muhammad's sayings) serve as the foundation for Sharia, or Islamic jurisprudence.
The supreme Court's decision in the Shah Bano case, in which the petitioners sought alimony, ignited a discussion on UCC in 1985. The madhya pradesh high court received a plea from Shah Bano, a 69-year-old Muslim divorcee, in 1978 asking for alimony from her lawyer spouse Mohd. Ahmad Khan. Bano maintained that in order for his wife to be able to support herself after their divorce, a man was required to compensate her under Section 123 of the Code of criminal Procedure, 1973. Khan contested the case, claiming that alimony for divorced women was not recognised under Muslim personal law. The All india Muslim Personal Law Board backed Khan in his desire that the courts not become involved in their case.
The judgement of the high court was confirmed by the then-chief justice of india (CJI), YV Chandrachud, when the issue was considered by the supreme court of india in 1985. The CJI announced the judgement and noted that everyone, regardless of faith, was subject to Section 123 of the Code of criminal Procedure, 1973. The case was seen as a turning point since it clarified the prejudice that divorced Muslim women experience under Muslim Personal Law.
BJP's Pursuit of UCC implementation
Since its founding, the bjp has supported the implementation of the UCC. Atal Bihari Vajpayee, a late bjp leader and former prime minister, criticised the Muslim community for being reluctant to support UCC. In a parliament debate, Vajpayee argued that Islamic nations had updated their personal rules to reflect modern society and questioned why india hadn't done the same.
"UCC was recommended by our Constitution's drafters for a reason. Many islamic countries have changed their personal regulations throughout time. However, india has not been able to find the political room to negotiate with the minority communities to codify Muslim or Christian Personal Laws for the greater good of the country, he had claimed.