Uniform Civil Code or Samana Nagrika Samhita refers to the formulation of one common law for every person in India irrespective of their religion. It is one law for all in terms of marriage, divorce, inheritance, and adoption.
Uniform Civil Code – Article 44
The UCC comes under Article 44 of the Indian constitution. Article 44 states that all citizens of India will be protected under one common law and protected against any kind of discrimination.
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It states: State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.’
During the drafting of the Indian constitution, Article 44 was drafted but not implemented. Dr. BR Ambedkar had said that it should only be implemented when the country is ready for it. Articles 25-28 of the Indian constitution guarantee religious freedom to all citizens of the country.
Uniform Civil Code – History
The UCC originated during the British era in pre-independent India. The Britishers were trying to impose western laws and culture on India when the need for a uniform code arose. It was felt necessary to protect the personal laws of the Indian people.
However, due to the difference in Hindu and Muslim law and practices, Hindu Law was formed and implemented in the country. Later, Muslim law was formulated and implemented in some regions.
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Since then, it has been a fight to implement the UCC in India. Hindu Law came into existence to reform the Hindu society but the UCC could not be implemented.
Uniform Civil Code – Current Scenario
Although criminal laws are uniform for all citizens, civil or personal laws are based on faith and beliefs. However, the ruling party BJP has been pushing for the Uniform Civil Code ever since it came into power. However, it is facing opposition from Muslims, conservatives, and other minority parties.
Goa is the first state in India to implement the Uniform Civil Code. Although it has some exceptions and flaws, it is still practiced in the state and is applicable to all its citizens. It practices the Portuguese Civil Code 1867.
The CM of Uttarakhand Pushkar Singh Dhami plans to implement UCC in his state. He plans to form a committee for the same in the state.
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