The very demand for a Universal Civil Code (UCC) for a composite country such as India is deeply misguided. Comment critically.
Uniform Civil Code is a bill that has been proposed to replace in the place of the personal laws of citizens. The UCC is based on a set of common code of laws which apply on all citizens equally irrespective of religious belief.
Article 25 to 28 of the Indian constitution ensures religious freedom of Indian citizens and allows all religious groups to practice their own affairs. On the other hand, article 44 of the constitution asks the Indian state to apply directive principles and formulate common laws for all citizens while national policies.
Most of the countries have a personal law system and in some countries, the dominance of a particular religion is found. A mixed legal system has so many exceptions to it.
Legal uniformity became intangible when the demographic composition of a country is changed by ethnic implants of new migrant groups. Uniform Civil Code enables the state laws to have the power to regulate everything. This creates a misguided vision of the law itself. In that case, the law will no longer be applicable to human development. Thus, UCC is not the right fit for a composite country like India.
Article 44 of the Indian Constitution to not ask to formulate a Uniform Civil Code. Its main provision is the strengthening of justice. It never declared the personal laws as malafide. A good state law formulated in line with the socio-religious norms and moral values could be a better option. India has already enforced Uniform codes within its unique personal law system.
Published: September 14, 2017 | Modified:September 12, 2020