Uniform Civil Code means that all sections of the society, irrespective of their religion, shall be treated equally according to a national civil code, which shall apply to all uniformly. It shall cover marriage, divorce, maintenance, inheritance and adoption, and succession of the property. It is on the premise that there is no connection between religion and law in modern civilization.
Directive Principles of State Policy and Article 44: The DPSPs are enumerated in PART IV of the Constitution of India (Art. 36 – 51) that comprises Socialist, Gandhian, Liberal-Intellectual, and International principles. These are Non-Justiciable Individual Rights, fundamental in governance, that promote social and economic democracy and embody the concept of ‘Welfare of the State’.
Article 44: “The state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.” This article is one of the Liberal-Intellectual principles of DPSPs.
Concept of Personal Laws: Personal law is a law that applies to a certain class or group of people or a particular person, based on religions, faith, and culture. India is a nation constituting varied customs and communities. Many famous religions and cultures of the world are found in India. Religion has been an important part of the country’s culture throughout India’s history. Religious diversity and tolerance are both established in the country by law and custom. A country that has secularism in its constitution yet there is a contradiction in this whole concept of secularism, particularly when it is interpreted in comparison to the personal laws of its citizens. It has become a confusing melting pot of Hindus, Muslims, Christians, and Parsees who have different personal laws about marriage, adoption, guardianship, divorce, succession, and so on. Almost all communities in India have their laws in matters of marriage and divorce. These religious communities coexist as part of one country yet the family laws in India differ from one religion to another. The reason is that the customs, social usage and religious interpretation of these communities as practiced in their personal lives depend hugely on the religion they were born in and that which they practice laws relating to society.
About UCC (brief history): The debate of UCC began in 1949, then in 1951 and 1954. At the time of independence, the Constituent Assembly faced a dilemma. Some members were in favor to adopt UCC (such as Dr. B.R. Ambedkar) and some who were against it due to extreme violence and atrocities due to partition. Hence, to prevent further killings and ferocity, the Assembly gave directions to the future state to enforce UCC when the situations allow and included it in the DPSP.
However, in light of recent events such as the abrogation of Article 370 (5 August 2019) and the Supreme Court verdict in the decades-long, communally, and politically charged Ayodhya Dispute (9 November 2019), sparked the speculation that legislation on a Uniform Civil Code, also a central promise in the BJP’s latest manifesto, maybe in the offing.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge