Articles

CHALLENGES IN IMPLEMENTATION OF UNIFORM CIVIL COURT

This article is written by Komal Saloni, a student of Banasthali Vidyapith, Rajasthan

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 INTRODUCTION

Uniform Civil Court is a proposal to have a common set of governing laws for every citizen without taking into consideration the religion of people. Directive principles of state policies under Article 44 of the Constitution of India envisage having Uniform Civil Code in India. Putting into action Uniform Civil Code would mean that all the personal religious laws shall be kept cove and a uniform personal law governing areas of marriage, divorce, inheritance, etc. shall be put together. This law shall not keep in its spectrum of personal laws scrutinizing any religion or culture and it shall be the same for all persons regardless of their caste, ideology, or color. This is presumably the most deliberated topic in recent days and is full of discussions too. While a massive number of citizens favor it, an identical number of people are sporting their general ache with the idea.  The supporters of the move affirm spiritly by asserting that the existence of various personal laws creates a lot of puzzles and is also hard to act per the laws. The people pinpoint several drawbacks with the concept and thus present various statements against it. The debate still goes on and India right now has no UCC. 

ARGUMENTS AGAINST THE IMPLEMENTATION OF UCC

There are some disagreements and viewpoints in opposition to the application of a Uniform Civil Code. Here is some discussion of these arguments in detail: –

A move against secularism:

India is a secular country with diverse languages and traditions, anticipate people to act on identical laws, establish a uniform system is a bit ridiculous. The dispute is ground on the fact that India takes dignity in its rectitude within diversification. For continuing divergence, it is the duty to respect every minority communities and its distinctive laws. By this practice, India led to maintain law and order, tranquillity for a very long time. 

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There is a question that arises that we have to ask individually, whether the violation of personal laws is admissible or not? 

There is a need for practicality while stepping forward on this issue. According to a survey, there are now 14.2% Muslims in India. While implementing a uniform civil code community opposes and the opposition has to receive heavy criticism from them. The impracticality of the situation lies a concern.  It is also an injustice towards them to impose the view, of the majority Hindu on them. A secular India is what the establisher pledge when they put together the Constitution and that is what the outnumbered is challenging for. The government must regard the spirituality of the minority inhabitants and protect them from infringement of their rights also while deciding on whether to keep a uniform civil code over the personal law or not.

In the leading discernment of S.R. Bommai v. Union of India, the Hon’ble Supreme Court describes the notion of Secularism i.e., 

The Constitution has taken secularism as its vehicle to establish democratic and an unbiased social order. Secularism is part of the fundamental law and basic structure of the Indian political system.”

Infringement of personal religious laws:

The Muslim group actively conflicting the proceeding of the government, according to the UCC would infringe their laws extremely and it would result in inevitable damages to their faith, belief, divinity, and the laws in that respect.

A well-defended argument which goes in opposition to the application of the Uniform Civil Code is, the very idea of incorporating all the personal laws bring on a uniform code will contravene the component of personal laws of almost all the minority religion.

WHO ARE AGAINST UNIFORM CIVIL CODE?

Considering the framework beyond the UCC and the problems that arise is assure to resolve, those who are opposing the idea are voiced their disagreement with the said alteration, expressing that it is exceptionally unconstitutional and it fetches the religious and cultural rights of other minorities, which was undertaken to them by the establisher and creator of the constitution.

  • Naga Community
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The Naga minority community is also apparently upset by the execution of UCC. The Nagaland Bar Association has remarkably notified that the execution of UCC would put forward an understandable problem for the custom, dignity, and culture of the Naga communities.

 In a letter they addressed to the Prime Minister of India affirmed that,

 “If a uniform civil code is implemented covering the whole county, it will cause a social disturbance, it shall cause so much of deprivation and social disturbance to the nagas community as the social, cultural, personal life of nagas is very different from rest of the country’s people.’’

  • Few Political Parties

It is very much practical that the other parties who are in the opposition are always against the rule which the governing political parties are favoring. Some are against the implementation of the Uniform Civil Code. These political parties are also in favor of minority groups saying that the UCC is a violation of their rights. They mainly strict to the issue that India is a country with diverse cultures and religions and it’s impossible to implement one code in all. 

The main fear stand with the Muslim communities at this point is that the implementation of uniform civil code is a fundamental conspiracy towards them to set aside their viewpoints and compulsorily imposes the Hindu Personal Laws on them and to whole the nation.

  • Muslim Community

The Muslim communities and the All-India Muslim personal law board both completely disagree with the law commission questionnaire on uniform civil code which they decided to boycott.

A statement was given by the general secretary Mr. Maulana Wali Rehman of All India Muslim Personal Law Board that, 

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Uniform Civil Code is isolating and will lead to social disturbance, and that It is hostile to the soul of the Constitution, which protect the right of citizens to exercise their culture, custom, and religion.

As per the viewpoint of the minority group earlier as the union government take out a public vote on the matter of triple talaq and did not hold the opinion of the majority. That according to them, the issue is regarding the personal laws and especially with the Muslim personal laws. So that Muslims shall be allowed to take steps on the issue not the other and every religion and community.

WHAT ARE THE CONS OF UNIFORM CIVIL CODE?

  • Possible strain due to divergence in India

Uniform civil code proposes to replace the personal laws based on the customs of each religious community in the country with a customary set of rules governing every citizen. It is practically difficult to transpire with an ordinary and uniform set of rules for a personal matter like marriage due to massive cultural diversity in India covering the religions, castes, different states, sections of the society, etc.

  • The approach of the Uniform Civil Code a trespass on religious freedom

A massive number of communities, especially minority groups recognize uniform civil code as a trespass on their rights towards religious freedom. The fright that a common code will fail to look after their unwritten laws and inflict rules which are not in favor of them, which mainly recite and control by the majority communities.

  • The intervention of the state in personal matters

The constitution of India furnishes for the right to freedom of religion of one’s option. With the assortment of uniform rules and its obligation, but with the inference of state the reach of the freedom of religion will be lessened.

  • Diplomatic and tough task
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Such a law, in its true soul, must be present by taking freely from various personal laws, making continuous changes in all, proceed with the judicial proclamation assuring gender equitability, and acquire exorbitant interpretations on marriage, adoption, succession, and maintenance by admitting the benefits that one group firm from the others communities. This action is very time-taking as well as require the wish of human. The government should be responsive and diplomatic at every step while administering with both the communities. Otherwise, the situation may come out more devastating and violent. 

THE DILEMMA BETWEEN GOOD AND BAD

It is a very conscientious question that is arisen by them. For the present government to wholly execute an achievable Uniform Civil Code, it is necessary to implement the code that is admissible to all the section of the society, but that is not a cup of tea, which is advised to leave to the imagination as it’s an inaccessible task to do. All the communities actively disagree any, however compact it may be, involvement with their laws and the plans of the government to wholly dismiss it.

The minority community elevates a very relevant question that what is the power of the government to set what laws are required to improve and what laws are custom-made within the framework of UCC.

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Besides that; what laws government wants to release, must have given a justification for those laws, regulations shall not violate the basics of human rights and if this occurred then it must be abolished for proper administration.

The execution of UCC would make an effort to put forward the required changes and an end to plenty of uncertainties that are compulsorily needed, because of some drawbacks that put forward, it has become tough to apply it, however, decades have elapsed since it was present for the first time.

 CONCLUSION

The uniform civil code has been at the pinpoint of a legislative and political discussion for a very long and continues. India is a country where every religion i.e., Hinduism, Buddhism, Judaism, Jainism, Islam, Christianity, Sikhism, Zoroastrianism, etc. exists. Unity in diversity on which our country regulates. It has been the hallmark of India for a very long which shows the inner strength of the country. Nevertheless, the provisions of numerous personal laws i.e., the Hindu Marriage Act, the Indian Divorce Act, the Muslim Personal Law, the Indian Christian’s Marriage Act, the Parsi Marriage and Divorce Act, and the uncodified personal marriage laws of the Jews, etc., which vary extensively on the ground of their origin, philosophy, and implementation.

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