What is the proposed Uniform Civil Code? What difference will it make and what is the government doing to implement this directive principle of the constitution?

Is The Uniform Civil Code on the Anvil?uniform civil code UNIFORM CIVIL CODE

  1. India currently has various personal laws for various communities based on religious denominations, traditions and customs. However one of the Directive Principles of our country envisages a Uniform Civil Code for all the citizens of India. Criminal and commercial laws are the same for everyone in the country already; the envisaged uniform civil code will homogenise laws relating to marriage, divorce, adoption, inheritance, maintenance and so on as well.
  2. A uniform civil code will is seen as desirable; as most modern nations have such laws in place. it is also thought that such a civil code support women’s rights because traditional laws are typically patriarchal. It is thought that this will make India genuinely secular and help integrate the different communities of communities.
  3. One example of the changes it will bring about is this: Currently, marrying up to 4 women is legal for Muslims while it is illegal for most other communities; some traditional or tribal societies in some parts of the country that permit polyandry (one woman marrying more than one man). A uniform civil code will make both illegal; polygamy of all sorts will be disallowed.
  4. There is the perception that people belonging to the Islamic faith are opposed to the law; that a uniform law vitiates another provision of the constitution; the fundamental right to practice a religion of one’s own choice.
  5. However as one commentator has opined, this is not so. The uniform code will do away with different schools of jurisprudence within the Muslim community (Shias and Sunnis follow different schools). This will prevent random and self serving interpretation of Sharia laws that are usually to the detriment of women. As the rule of Triple Talaq will go away, so will the preferential rules for male inheritance under Hindu law. (Source Outlook India)
  6. Recently, Law Minister D V Sadananda Gowda announced in the Rajya Sabha that it is the duty of the government to implement the civil code and that they would move forward on it. at the same time it is acknowledged that it has to be seen that there is no conflict with Article 25 of the constitution which confers, among others the right to practice the profession and religion of one’s own choice. The government will now be initiating discussions on the creation of the uniform civil code. (Source – Zee news)


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