Narendra Modi Supports the Uniform Civil Code.
Prime Minister Narendra Modi recently spoke to party members in Bhopal and expressed his support for the Uniform Civil Code (UCC). He emphasized that it is not feasible for the nation to have various sets of laws for various communities. This assertion is thought to be a crucial component of the Bharatiya Janata Party’s (BJP) campaign strategy for the upcoming 2024 Lok Sabha elections. The BJP has consistently included the UCC in its manifestos since 1998 and has been a vocal supporter of it. The BJP has promised to put this common law into effect in a number of states, including Uttarakhand, Uttar Pradesh, Gujarat, Haryana, Madhya Pradesh, and Assam.
Let’s understand the Uniform Civil Code (UCC).
A proposal to create a single national law that would be applicable to all religious communities in India is known as the Uniform Civil Code (UCC). Various religions currently have their own sets of rules regarding custody, adoption, inheritance, and divorce. The UCC seeks to alter this system.
The Indian Constitution makes reference to a UCC. A Uniform Civil Code must be implemented throughout India in order to ensure that all citizens are subject to the same laws, according to Article 44 of the Constitution, which is part of the Directive Principles of State Policy.
It’s crucial to remember that the UCC is not a constitutional guarantee or a fundamental right, though. It is a vision that the Constitution describes as a target for the nation to work toward.
While speaking in Madhya Pradesh PM Modi said –
Speaking in Madhya Pradesh at the BJP event “Mera Booth, Sabse Mazboot,” Modi argued that a country shouldn’t have different laws for different groups of its population. The country cannot prosper under a dual system, he emphasized, just as a family cannot function with different laws for each member. He emphasized that the Constitution calls for a single set of laws to apply to all citizens.
Modi hasn’t publicly backed the UCC since taking office in 2014, so this is the first time he has. The opposition, he continued, was attempting to incite Muslims over this matter. He expressed concern for the well-being of Muslim communities, saying that those who genuinely care about their welfare should put an emphasis on enhancing their standard of living through employment and education. He mentioned that vote-bank politics impede progress for marginalized Muslims despite the Supreme Court’s repeated calls for the adoption of a Uniform Civil Code.
What effects will the UCC have on religious communities?
The UCC seeks to simplify guardianship, inheritance, succession, and the laws governing marriage, divorce, and adoption. It would technically replace existing laws like the Muslim Personal Law Application Act (1937), Hindu Marriage Act (1955), Hindu Succession Act (1956), and others if it were put into effect.
The UCC’s introduction has previously been approved by the Supreme Court. Notably, in August 2017, the court ruled that instant or triple talaq was unlawful, and in July 2019, the Parliament passed a law making it a crime. Another significant decision pertaining to Muslim personal laws was the Shah Bano case in 1985, which upheld the rights of a Muslim woman requesting alimony. The verdict was later overturned by Parliament, though.
If the UCC is put into effect, customs like polygamy, Nikah halala (short-term marriage to another man in the event of divorce), misyar marriage (renunciation of marital rights like living together), and contract marriage (mutah), which are permitted by Islamic law, are likely to lose their legal force.
Additionally, the Hindu Succession Act will be impacted. The wife’s parents and siblings are regarded as secondary heirs under the current legal framework, which favors the husband’s family as the primary heirs of the deceased wife. A petition requesting gender-neutral inheritance laws has challenged this discriminatory clause in front of the Supreme Court.
The Anand Marriage Act of 1909 currently governs Sikh marriage laws and does not include a divorce clause. A common law is anticipated to apply to all communities, including Sikhs, if the UCC is implemented.
Communities all have different adoption laws.
For instance, Parsis do not acknowledge the rights of adopted daughters, while an adopted son is only permitted to officiate at the father’s funeral.
If the UCC is put into effect, guardianship and custody laws would be applied to all religions equally.
It is significant to remember that there is still debate and discussion surrounding these possible changes.
