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What is uniform civil code?

GUWAHATI: Uniform civil code (UCC) has been at the centre of debate over several decades, with discussions over it intensifying in last one year.

The basic idea behind a uniform civil code (UCC) is to put in place a common set of personal laws that governs matters such as marriage, divorce, inheritance and adoption for all citizens of India, irrespective of their religious affiliations.

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At present, personal laws of various communities across India are governed by their religious scriptures.

Implementation of a uniform civil code (UCC) has been one of the promises made and pursued by the ruling BJP.

It may be mentioned here that some sections in the Northeast states have raised objection to proposed implementation of the uniform civil code (UCC).

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Strongest of the opposition to proposed implementation of the UCC has come from Meghalaya, Mizoram and Nagaland, which are Christian-majority states.

Also read: Northeast won’t get affected by uniform civil code, says central minister

What the Constitution of India mandates about uniform civil code?

According to article 44 of the Constitution of India, the state shall endeavour to secure a uniform civil code (UCC) for its citizens.

However, the framers of the Constitution left it to the discretion of the government to implement a uniform civil code (UCC).

Over the years, governments under various parties took up the matter for discussions and debates.

But, the topic still remains a hotly contested, contentious and politically sensitive.

Current status

Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs continue to contest the implementation of the law.

The uniform civil code (UCC) is meant to replace currently applicable various laws applicable to various respective communities which are inconsistent with each other.

These laws include the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, Parsi Marriage and Divorce Act.

Meanwhile, certain ones like Sharia (Islamic laws) are not codified and solely based upon their religious scriptures.

The proposals in UCC include monogamy, equal rights for son and daughter over inheritance of paternal property and gender and religion neutral laws in regards of will charity, divinity, guardianship and sharing of custody.

The laws may not result into much difference to the status of Hindu society as they have already been applicable on Hindus through Hindu code bills for decades.

Uniform civil code (UCC) was proposed for introduction in the Parliament for the first time in November 2019 by Narayan Lal Panchariya.

Amid protests by opposition MPs, the bill although soon was withdrawn for making certain amendments.

The bill was brought for a second time by Kirodi Lal Meena in March 2020 but was not introduced again.

As per reports which emerged in 2020, the bill is being contemplated in BJP due to differences with RSS.

 

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