Uniform Civil Code: Difference between revisions

Revision as of 02:22, 20 October 2024

Revision as of 09:19, 15 November 2024

Line 9:

The '''Uniform Civil Code''' is a proposal in India to formulate and implement [[personal law]]s of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures.<ref name="HTMAR21"/> [[Personal law]]s cover marriage, divorce, inheritance, adoption and [[alimony|maintenance]]. While articles 25-28 of the [[Constitution of India|Indian Constitution]] guarantee [[Freedom of religion in India|religious freedom]] to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply [[Directive Principles|directive principles]] and common law for all Indian citizens while formulating national policies.<ref name="Blueprint for scholarly discourse">{{Cite book|author1=Shimon Shetreet|author2=Hiram E. Chodosh|title=Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse|url=https://books.google.com/books?id=y-pIDwAAQBAJ&pg=PT4|publisher=Oxford University Press|isbn=978-0-19-807712-1|date=December 2014|access-date=2020-08-22}}</ref><ref>{{Cite web|title=Article 44 in the Constitution of India 1949|url=https://indiankanoon.org/doc/1406604/ |website=Indian Kanoon |access-date=2020-08-22}}</ref>

Personal laws were first framed during the [[British Raj]], mainly for Hindu and Muslim citizenssubjects. The British feared opposition from community leaders and refrained from further interfering within this [[Separate spheres|domestic sphere]]. The Indian state of [[Goa]] was separated from [[British Raj|British India]] during the colonial rule in the erstwhile [[Portuguese Goa and Damaon|Portuguese Goa and Daman]], retained a common family law known as the [[Goa civil code]] and thus was the only state in India with a uniform civil code prior to 2024. Following India's independence, [[Hindu code bills]] were introduced which largely codified and reformed personal laws in various sects among [[Indian religions]] like [[Buddhism|Buddhists]], [[Hindus]], [[Jains]] and [[Sikhs]] but they exempted [[Christians]], [[Jews]], [[Muslims]] and [[Parsis]].<ref name="Rina Wiiliams">{{Cite book|author=Rina Verma Williams|title=Postcolonial Politics and Personal Laws|pages=18, 28, 106, 107, 119|publisher=[[Oxford University Press]]|isbn=0-19-568014-6|date=2006}}</ref><ref name="The Wire UCC gender justice">{{cite news |last1=Dasgupta |first1=Sravasti |title=BJP Equates UCC With Gender Justice. But Can It End Discrimination In-Built in Personal Laws? |url=https://thewire.in/women/bjp-ucc-with-gender-justice-discrimination-personal-laws |access-date=6 July 2023 |work=[[The Wire (India)|The Wire]] |date=6 July 2023 |___location=New Delhi |language=en}}</ref>

UCC emerged as a crucial topic of interest in Indian politics following the [[Shah Bano case]] in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions. The debate then focused on the [[Muslim Personal Law]], which is partially based on the [[Sharia|Sharia law]], permitting [[Divorce in Islam|unilateral divorce]], [[polygamy]] and putting it among the [[Muslim personal law in India|legally applying the Sharia law]]. A UCC bill was proposed twice, in November 2019 and March 2020 but was withdrawn both the times without introduction in the parliament. The bill is reported to be under discussion between the [[BJP]] and the [[Rashtriya Swayamsevak Sangh]] (RSS).<ref name="Ramchandran"/> Many opposition parties and BJP's allies from the [[National Democratic Alliance]] (NDA) have opposed the Uniform Civil Code, especially from [[Northeast India]], claiming that it will go against the "idea of India" and will end special privileges of tribal communities after renewed calls by Prime Minister [[Narendra Modi]] in June 2023 about implementing a UCC.<ref name="scroll.in NDA partners oppose UCC">{{cite news |last1=Dasgupta |first1=Sravasti |title=NDA Partners from Northeast Oppose BJP's Push for Uniform Civil Code |url=https://thewire.in/politics/nda-partners-in-northeast-oppose-bjps-push-for-uniform-civil-code |access-date=6 July 2023 |work=[[The Wire (India)|The Wire]] |date=3 July 2023}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |title=In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement' |url=https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |access-date=16 July 2023 |work=[[The Wire (India)|The Wire]] |date=27 June 2023 |archive-url=https://web.archive.org/web/20230715222251/https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |archive-date=15 July 2023 |___location=New Delhi |language=en}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |title=In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement' |url=https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |access-date=16 July 2023 |work=[[The Wire (India)|The Wire]] |date=27 June 2023}}</ref>