Uniform Civil Code In India
India has such a vast diversity that it all seems like a labyrinth of ocean submerged under it's dynamic culture, tradition, caste, section, custom, tradition, ethnicity and religion. According to the 2011 census, 79.8% of the population of India practices Hinduism, 14.2% adheres to Islam, 2.3% adheres to Christianity, and 1.7% adheres to Sikhism. Zoroastrianism and Judaism also have an ancient history in India, and each has several thousands of Indian adherents. Everyone who practice different religion has the personal law of its own. The debate goes from quite long time that India should have a Uniform Civil Code which ensure equality when it comes to the application of Personal Laws in India. Article 44 of Indian Constitution states that 'The state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India'. Though it is a Directive Principle which by its very nature is non-justifiable. Talking about Hinduism we have such a huge diversity in this religion itself that it will only accelerate the process of conflicts and disagreements among various sections of society who are following different culture, tradition, custom based on the region.
The Hindu Marriage Act was passed in 1955 and other acts related to divorce, maintenance and succession were also passed. There is a myth prevailing in the system that this has succeeded in bring about equality among Hindus. But the applicability of these laws have different consideration for Hindus living in different geographical regions. For example, in some of the communities marriage between niece and uncle is allowed and such relationships are very much acceptable. But some hindu communities are highly critical of such kind of marriage which for them utterly tarnish the very spirit and tenet of Hinduism.
Some political parties just to further their interest targeting only the Muslims that only Muslims are antithetical about the Uniform Civil Code but this is equally disadvantageous and inexpedient for other minorities and a good number of Hindus in India. What may be acceptable in Northern part of India for one religion may be totally inadmissible in southern part of India.
Uniform civil code is completely detrimental and opposite to the ideas of religious freedom in India. On the one hand we have the principle of Secularism which advocates the separation of government institution and persons mandated to represent the state from religious institution. Article 28 of Indian Constitution expounds the freedom of religion to manage its affairs. So if we try to impose Uniform civil code in India then it will be the infringement of our basic spirit of Constitution and violations of the fundamental rights at the same time. Uniform civil code jeopardises the social and cultural fabric of our country and it will further questions the constitutionality of the legacy left behind by our great Constitution makers. UCC brings about equality in the whole system but it will promulgate bloodshed all over India.
But the benefits arising out of Uniform Civil Code can never be ignored. The purpose of the UCC is to direct religion from social relations and personal laws, ensuring equality, unity and integrity of the nation and justice to both men and women. It will help in improving the condition of women in India. Indian Society is patriarchal and by allowing old religious rules to continue to govern the family life, condemns all Indian women to subjugation and mistreatment.
Triple Talaq has recently been declared unconstitutional which triggers wrath from the Muslim community. But it is a savior for the Muslim women who from centuries crushed under the harshness of such rigorous and irrational laws in India. Many Arabic countries have banned. UCC also help in reducing the vote banks politics all over India.
UCC is a saviour if awareness is spread among various sections of society that egalitarianism should be promoted. If the communities will be aware to know that Article 14 is essential to maintain social stability and increase the religious and social freedom for them.