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What is Uniform Civil Code in India, Article 44

What is Uniform Civil Code in India, Article 44

In this article we will see how to write an essay for CAPF (AC) on the above mentioned topic –

The Uniform Civil Code (UCC) talks about the formulation of single personal law for all citizens irrespective of religion, caste, sex, gender, etc. It would be applicable to all religious communities in matters such as marriage, divorce, inheritance and adoption. It is mentioned under Article 44 of the Indian Constitution, which lays down that the “state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India”

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For over a century now, this issue has been at the center of political narrative a controversial issue to even create unrest in Indian society. Bhartiya Janta Party becomes the the first to promise the implementation of UCC if it comes to power and the issue was part of its 2019 Lok Sabha election manifesto.

Pros of Uniform Civil Code –
  • A step towards equality  – Equality will be promoted with implementing same laws for everyone.
  • Promotes gender equality – As the laws would be women friendly and equal for every women irrespective of religion or anything else, it will lead to women equality and empowerment.
  • Promotes National Unity – Different laws becomes the reasons for difference among people. With putting everyone on the same platform, it will create a sense of unity among Indian citizens.
  • End all the confusion and ambiguity related to personal laws – With so many different laws pertaining to different matters, there is a scope for ambiguity and confusion and a lot of administrative and judicial work. With the implementation of UCC, this problem will also get solved.

Cons of Uniform Civil Code  –

  • Difficulty in implementation due to diverse population – India is known for its diverse population with different personal laws. Taking everyone on the same platform is going to be a difficult task.
  • perceived as encroachment to religious freedom – Indian constitution provides religious freedom and there are certain matters which are considered to fall under it and doing changes in that can be considered as encroachment to religious freedom.
  • Interference of state in personal matters – Changes in certain matters which are considered personal can create the sense of resentment among people.
  • Implementation timing and strategy – Since its a very sensitive matter so it need to be done with proper research and planning. Imposing right away can backfire on the government if it’s not implemented at right time.

Conclusion – 

Implementing UCC is obviously a progressive step with the intention of modernizing the society but it needs to be implemented after putting the sense of acceptance in the minds of people and making them understand its benefits. Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves. Only after that, with the right time of its implementation when it can emerge through an evolutionary step by step process, this law should be passed in the country.
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