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Uniform Civil Code: Equality in India

India's criminal code is uniform, but civil laws like divorce and inheritance differ by religion. This causes issues when people of different faiths must be treated equally under the law. There is debate around implementing a Uniform Civil Code to replace religion-based personal laws with common rules for all citizens covering marriage, divorce, inheritance, and more. However, imposing common laws could cause social and religious controversies. A balanced approach is needed that gradually achieves greater equality and protects individual dignity and minority rights. Any Uniform Civil Code must strike a balance between religious freedom and secular principles of equality.

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9 views1 page

Uniform Civil Code: Equality in India

India's criminal code is uniform, but civil laws like divorce and inheritance differ by religion. This causes issues when people of different faiths must be treated equally under the law. There is debate around implementing a Uniform Civil Code to replace religion-based personal laws with common rules for all citizens covering marriage, divorce, inheritance, and more. However, imposing common laws could cause social and religious controversies. A balanced approach is needed that gradually achieves greater equality and protects individual dignity and minority rights. Any Uniform Civil Code must strike a balance between religious freedom and secular principles of equality.

Uploaded by

manami
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Uniform Civil Court

In India, Criminal code is equal to all irrespective of religion, caste, gender & domicile.
Whereas civil laws are different for different sets of people. For example, Divorce laws are
different for Muslims & Hindus. Same is the situation for inheritance of land. Certain
religious laws prohibit woman from inheriting land and thus a major constraint arises while
bringing people governed by different religions under one roof.
The major cause of the controversy has been the enumeration of secularism and the freedom
of religion in the constitution of India. The preamble of India says that India is a Secular
democratic Republic. This means that there is no state religion and all men will be
considered equally without any bias of religion. This means that religion should not interfere
with the life of an individual. But, in India, every religion has a say in the state affairs and
this is the reason that we have different personal civil laws for each religion.
Uniform civil code in India is the debate to replace the personal laws based on the customs of
each major religious community in the country with a common set governing every citizen.
These laws are distinguished from public law and cover marriage, divorce, inheritance,
adoption and maintenance. As a matter of fact the Uniform Civil Code is included in
Directive Principles of state policy in constitution but has never been actually enacted. There
are people who feel that Uniform civil Code is the solution for all the chaos and there are also
people who strongly feel that personal laws should not be disturbed.
Due to the religious laws that exist in the present day scenario, many inequalities have
creeped up especially on the basis of gender. People under the garb of freedom of religion are
preaching and propagating racism. The laws which trample on womens rights in a
progressive country like India are to be revamped. Human rights elements should be
considered when it comes to justice to citizens of the country. Outdated illiberal religious
laws are to be eliminated and the equality is to be preserved for the country to prosper. Indian
women as a citizen of this country should have women rights.
But, imposing common laws to everyone is also not a solution. Due to this there could be
many controversies. Social balance of the country might get disturbed. So, the personal laws
are to be dealt with utmost care so as not to hurt feelings of any community or religion. This
could be achieved only if we try and figure out what inequalities exist, and ways to eliminate
them gradually, rather than at once, more far-reaching equality for all citizens. Care must also
be taken so as not to impose any law on individuals. Proper consultations with various people
representing many communities should be held and dignity of every citizen of the country is
to be maintained. The Uniform civil Code should be such that it strikes a line between article
25 and 44 and it should be imposed only if the fears of minorities are allayed. Thus the
objective of women's rights, equality and secularism can be achieved optimally.

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