What is uniform civil code?
The All India Women's Conference made the demand for equal rights for women, regardless of religion, in marriage, inheritance, divorce, adoption, and succession for the first time in the 1930s.
In a time of conflict and unrest, the Constituent Assembly and Parliament desired a Uniform Civil Code but did not want to impose it on any faith community. In the hopes that it would be implemented when the time was appropriate, they left it as a Directive Principle of the Constitution.
Why does India have a personal laws?
Every religious group in India has its own distinctive family-related customs, from marriage and inheritance to divorce and maintenance to adoption and adoption and maintenance. Many of these discriminate against women in various ways. Each group is free to follow its own unique laws in India, but these cannot infringe on constitutional rights.
Additionally, there are civil options available, such as the Special Marriages Act, which any person may choose to abide by.
Hindu personal law was codified by Parliament in the 1950s, guided by Ambedkar, erasing distinctive practises but maintaining gender disparities and other features of tradition. Reforming the dominant religion is simpler; Pakistan, Bangladesh, and other countries have changed Muslim law while being cautious with Hindu practises. Legislators in India have also been less willing to amend discriminatory religious laws.
The Shah Bano maintenance judgement from the Supreme Court was modified by Parliament in 1986 in a way that appeased the Muslim clerics. Except for the Shariat Act of 1937 and the Muslim Women (Protection of Rights of Divorce) Act of 1986, Muslim personal law has not been codified by Parliament. Islamic law must be used as a case-by-case guide by judges. The Bharatiya Muslim Mahila Andolan has battled against the codification of Muslim law to end unfair practises like triple talaq in court.
Over the years, there has been slow but steady progress.
Christian divorce rights were made gender equal in 2001, while Hindu succession was changed by Parliament in 2005. In numerous judgements, the courts have consistently upheld women's rights to maintenance, adoption, etc., supporting reform in minority populations.
Who is pushing for a uniform civil code?
People with various motives are publicly supporting the notion. Some believe that minority practises should be similarly regulated because only the Hindu community's practises have been codified by Parliament to date.
Some people believe that secularism entails eliminating all religious elements from family law and surrendering to a single civil code that equally applies to all Indians. Some believe that the state owes its inhabitants a single, gender-neutral set of laws because all religious laws discriminate against women.
Who is against to uniform civil code present?
The Uniform Civil law is opposed by many voices in the women's movement, members of minority communities, and individuals with multicultural secular leanings who argue that the state should promote uniform rights rather than a single law. They advocate eliminating gender inequality from current personal laws rather than erasing religious diversity under a code that they worry would be developed in line with the Hindu majority.
Additionally, they promote the expansion of civil alternatives that apply to all women, regardless of personal law, such as the Special Marriages Act, the Domestic Violence Act, the Juvenile Justice Act, etc. They contend that a Uniform Civil Code would only be beneficial if it treated all populations fairly and did not create an environment where minorities felt unsafe.
