22,Feb 2024
It is not a new idea to have Directive Principles of State Policy (DPSP). The 1937 Irish Constitution, which itself was derived from the Spanish Constitution, is where our Constituent Assembly got the DPSPs. DPSP is defined under Chapter IV of the Indian Constitution (Article 36-51). The State needs to put these policies into effect to improve society as a whole.
Watch Now – What is the Uniform Civil Code (UCC)?
A proposal called the Uniform Civil Code seeks to create and enforce personal laws in India that are equally applicable to all individuals, irrespective of their sexual orientation, gender, or religion. Currently, the religious scriptures from different groups regulate their private laws.
Marriage, inheritance, divorce, adoption, etc are all covered under personal laws, which are different from public law. Although the Indian Constitution's Articles 25–28 guarantee religious liberty to Indian citizens and permit religious groups to run their affairs, Article 44 requires the Indian state to apply common law and directive principles to all Indian citizens when creating national policies.
As the first state in India to adopt a Uniform Civil Code (UCC), Uttarakhand has enacted the Uttarakhand Uniform Civil Code Bill 2024. The Bill applies to all Uttarakhand inhabitants save Scheduled Tribes, and establishes a common law for situations like marriage, divorce, property inheritance, and other situations.
The measure, which focuses on four major topics—marriage, divorce, inheritance, and cohabitation—has seven schedules and 392 parts. In addition to granting men and women equal inheritance rights, there are requirements to eliminate the practices of polygamy, polyandry, halala, and iddat. Live-in relationships must be registered according to strict regulations; failure to do so may result in a prison sentence of up to six months and/or a fine of up to Rs. 25000.
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PROS |
CONS |
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To grant all citizens equal status |
Practical difficulties due to diversity in India
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In order to advance gender parity |
Belief that UCC infringes on one's right to freedom of religion
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In order to fulfill the hopes of the younger generation
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State intervention in private affairs |
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In order to facilitate national integration |
Delicate and difficult assignment
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To avoid the controversial topic of changing the current personal laws |
This change is not yet appropriate at this time |
At last, only an evolutionary process that maintains India's rich legal legacy—of which all personal laws are equal constituents—can result in the emergence of a UCC. The anticipated equality between genders and religions may not always be guided by the codification and application of UCC. To change the present personal law changes, significant awareness campaigns may be required; nevertheless, the communities themselves should take the lead in this regard. To prepare for this shift, the current institutions must be reinforced, democratized, and updated. Sincere efforts must be made to empower women of all religions.
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