Essay on Uniform Civil Code: Need and Perspective for Class 10, 12, Mains Exam (UPSC, PSC, SSC)
Uniform Civil Code is a type of secular law that is applicable to all religious communities irrespective of class and gender in matters such as marriage, divorce, adoption and inheritance of property. The Uniform Civil Code is found under article 44 of the constitution which states that the state shall endeavor to have a Uniform Civil Code for all the citizens across all the territories of India. The UCC dates back to the time when the British government submitted a report in 1835 stating that there is need for a uniform codification of Indian law pertaining to contracts, evidence and crimes. It further said that the personal laws of the Hindus and the Muslims will be kept outside the codification.
Perspective of Uniform Civil Code:
India being a democratic and secular country has no religion of its own. It cultivates the thought that all religions are equal in the eyes of the constitution and enforces the same through implementing laws. The application of the Uniform Civil Code will strengthen the enforcement of the implemented laws for the citizens and abolish favoritism towards any gender, class and religion. In India, Uniform Civil Code aims toeliminate personal laws based on the norms of religious communities with a set of common laws governing all the citizens of India. Uniform Civil Code first gained momentum in the year 1930 when the All-India Women’s Conference raised their voice seeking for equal rights for them irrespective of religion in matters such as divorce, marriage, succession as heirs and inheritance of property.
Need of Uniform Civil Code:
Even after 73 years of Independence the laws relating to real estate, divorce and marriage are not same. Communal riots still take place in our country. The need for the Uniform Civil Code has therefore become the need of the hour. The need of the Uniform Civil Code has been put forward by BR Ambedkar. The Hindu laws pertaining to monogamy, divorce and widow’s right to inherit property were found in Shastras. Ambedkar found the Hindu society flawed and demanded to adopt a uniform civil code. The Hindu code bill was thoroughly criticized and the provisions that received opposition are monogamy, prohibition of coparcenary, divorce and inheritance to daughters. The triple talaq and polygamy associated with Muslim personal laws will vanish and so will the tax advantages of the Hindu undivided family. Certain peculiar practices of Sikhism, Jainism, and Buddhism as per family laws will also come to end by the implementation of UCC. The cases of Shah bano begum, triple talaq and adultery demands for the need of having a uniform civil code.Also, the Muslim families did not have the burden of paying stamp duty on gift deeds. Recently, the Supreme court heard of a petition filed by a Christian husband who said that the Christian personal law is an opposite to the constitutional norms which suggests two years of separation before filing a divorce. In such case the supreme court asked the union government to inform the court about the government’s consent on the issue of Universal Civil Code. In short it can be said that India needs Uniform Civil Code for the following reasons:
A.) Conferring equal status to all the Indian citizens irrespective of gender and religion.
B.) Unification and integration of the whole nation
C.) Eradication of religious bias in case of personal laws
D) Eradication issue change pertaining to personal laws.
Conclusion:
India is a home to people having diversity of culture and different religions. All of them are expected to share an equal status in society irrespective of class, religion and gender. Ergo, there should be an equal law for them pertaining to marriage, divorce, succession, inheritance and tax payments. Uniform Civil Code is the quintessential need for all the citizens of India as the uniform law will govern their lives in an unbiased way.
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