UNIFORM CIVIL CODE (UCC), under article 44 constitution states that uniform civil code must be deployed all over the country to make sure that same law should be implemented for all the religions.
In the parliament house (Rajya sabha) the private member bill stating the implementation of uniform civil code was introduced by Kirodi Lal Meena,a BJP Mp.
 |
| KIRODI LAL MEENA (BJP MP) |
Rajya Sabha passed a private member's bill, on Friday, 9 December, introduced by Bharatiya Janata Party's Kirodi Lal Meena, on the implementation of Uniform Civil Code.
Opposition parties placed three motions to oppose the Bill, stating that it would disintegrate the country and hurt its diverse culture, but were defeated through votes by 63-23.
A Uniform Civil Code would ensure one law for the entire country which will apply to all religious and tribal communities in their personal matters such as property, marriage, inheritance, adoption, etc.
This means that existing personal laws based on religion like the Hindu marriage act (1955), the Hindu succession act (1956), and the Muslim personal law application act (1937), will technically be dissolved.
WHAT ARTICLE 44 STATES ABOUT UNIFORM CIVIL CODE
44. Uniform civil code for the citizens The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
HOW IT VOLATES ARTICLE 25 & 29 OF THE INDIAN CONSTITUTION.
Article 25 in The Constitution Of India 1949
25. Freedom of conscience and free profession, practice and propagation of religion
1.Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
2.Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
A).regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
B).providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly
WHAT ARTICLE 29 OF THE INDIAN CONSTITUION STATES
Article 29 in The Constitution Of India 1949
29. Protection of interests of minorities
1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same
2.No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them
THE ARGUMENTS AGAINST THE UCC.
There are 4 key arguments.
The main argument against a UCC is that it violates the constitutional freedom to practice the religion of choice which allows religious communities to follow their respective personal laws. For example, Article 25 gives every religious group the right to manage its own affairs. Article 29 gives them the right to conserve their distinct culture.
Additionally, the fundamental rights sub-committee of the Constituent Assembly of India deliberately kept did not include a UCC as a fundamental right. A similar concern has been voiced by tribal groups like the Rashtriya Adivasi Ekta Parishad, which approached the Supreme Court in 2016 seeking protection of their customs and religious practices from a potential UCC. In the tribal territories of Nagaland, existing customary laws have primacy over federal laws with respect to personal issues like marriage, land ownership, etc.
Secondly, it is also argued that if codified civil laws and criminal laws like the CrPC and IPC don't follow ‘one nation, one law’, then how can this diktat be applied to diverse personal laws of various communities? For example, the Indian Evidence Act of 1872, a federal act, was amended by the governments of West Bengal and Tamil Nadu. With respect to criminal law, note that different states have different legal ages for drinking alcohol.
Thirdly, did the framers of the constitution intend total uniformity? After all, personal laws were placed in the Concurrent List, entry number 5, giving both the Parliament and State Assemblies the power to legislate on personal issues. If the framers of the Constitution intended uniformity in personal laws, they would have put them on the union list, giving parliament all the power to legislate on them.
And finally, it is alleged that a UCC will impose a Hinduised code for all communities. For example, a UCC could include provisions regarding personal issues like marriage, that are in line with Hindu customs but will legally force other communities to follow the same.
Ref : quint report