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02 May 2022 Uniform civil code

Posted at 13:04h in Daily current-affairs by khyati khare 0 Comments

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The All India Muslim Personal Law Board (AIMPLB) has once again taken strong objection to the Uniform Civil Code (UCC), calling it unconstitutional, anti-minority and unacceptable to Muslims.
AIMPLB has also emphasized that the issue of ‘Uniform Civil Code’ (UCC) is being raised to divert attention from the real issues and promote the agenda of hatred and discrimination.

Uniform Civil Code is a comprehensive set of government laws designed for all citizens in a secular manner, ie regardless of religion.

Article 44 of the Constitution states that there should be a ‘uniform civil code’ (UCC) in the country.
According to this article, ‘The State shall endeavor to secure for the citizens a ‘uniform civil code’ throughout the territory of India.’ Since the ‘Directive Principles of Policy’ are only guidelines in nature, they are applicable to the States. Compliance is not mandatory.

A secular republic requires a ‘uniform law’ for all citizens, rather than differentiated rules based on religious practices.
‘Gender justice’: Women’s rights are generally limited under religious laws, whether Hindu or Muslim. Many practices prevalent under religious traditions go against the ‘guarantees of fundamental rights’ enshrined in the Indian Constitution. Today Current Affairs
Courts have also, often in their judgments, including the one in the Shah Bano case, said that the government should move towards implementing a ‘uniform civil code’.

Under Indian law, a uniform code is followed in most civil matters, such as the Indian Contract Act, the Civil Procedure Code, the Sale of Goods Act, the Transfer of Property Act, the Partnership Act, the Evidence Act, etc.
However, there have been hundreds of amendments to these laws by the states and therefore, in some cases, there is considerable diversity within these secular civil laws as well.

Secularism cannot be against the plurality/diversity prevailing in the country.
Cultural diversity cannot be jeopardized to such an extent that our insistence on ‘uniformity’ itself becomes a threat to the territorial integrity of the nation.

Article 25 of the Indian Constitution, which seeks to protect the freedom to profess and propagate any religion, conflicts with the concepts of equality enshrined under Article 14 of the Indian Constitution.