Need of the Hour
India is one of the most vibrant democracies in the world. It is because our constitution makers respected every aspect of her diversity. On the eve of the independence, they framed the constitution considering various aspects like social, religious and economic factors. But at the same time, they also envisioned setting up an ideal state in the future. Accordingly, they embedded UNIFORM CIVIL CODE in Article -44 of the DIRECTIVE PRINCIPLE OF STATE POLICY (DPSP). Basically, UNIFORM CIVIL CODE (UCC) aims to establish uniformity in our country by eliminating personal laws.
Due to the ideal vision of the uniform civil code, it always remains a hot topic in the country. There are many reasons that are asserted for its implementation. Firstly, the Uniform civil code checks specific religious laws that promote and encourage conflicts. Hence, UCC prevents communalism and vote bank politics in the country. Secondly, Indian citizens are still a victim of gender inequality. And UCC plays a pivotal role in providing the victims with their deserved rights. For example, in SHAH BANO case supreme court highlighted the importance of UCC in protecting women’s rights. It makes them equal participants in property, adoption, marriages, children etc. Thus, UCC sets a neutral society by eliminating patriarchy and matriarchy simultaneously.
Further, with the increasing population our nation demands an efficient government. And UCC by simplifying laws promotes ease of governance. A uniform civil code will also reduce “RED TAPISM” in the Indian courts and fasten the court proceeding. As of now, GOA is the only state which has implemented UCC. And it has helped the state to smoothly manage the influx of tourists from diverse backgrounds.
But despite all these prospects, UCC hasn’t been implemented all over India. There are many factors that have kept UCC away from Indian society. As UCC aims for a uniform law throughout the country, so, it may hinder the diversity of India. The implementation of UCC can destroy the cultural diversity of our nation. Also, UCC contradicts the fundamental laws of the constitution itself. It contradicts Article-25, Article-26 and Article-29. Thus, in long term, it will substitute the Indian form of secularism with the western model. Further, minorities fear the imposition of majority laws over them through UCC.
Although UCC has enough strength to establish an ideal state, yet it is surrounded by many misunderstandings and loopholes. Hence responsible implementation is a prerequisite for its effective functioning. To harness the utmost potential of the Uniform civil code the administration and the public need to work collaboratively. This is how the misunderstanding can be eliminated and loopholes can be healed. Indeed, if the Uniform civil code and Fundamental rights are balanced professionally then the Uniform civil code can become instrumental in shaping India. “JAI HIND”
-By NIGAM KHAMARI from BHUBANESWAR ODISHA