Model Question and Answers for APSC | Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.
Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.
Ans: A Uniform Civil Code is established in India under Article 44 of the Constitution. With a uniform civil code, all citizens of the nation are subject to the same laws regardless of their differences in race, religion, caste, etc.
Rationale behind the demand for UCC:
- It will guarantee equality for women from all castes and religions in regard to marital matters.
- The Supreme Court suggested that a UCC be established in the Shah Bano Case (1985) in order to ensure justice.
- Our Constitution's primary goal is to maintain India's unity. The UCC will aid in fostering harmony among the many different races, religions, castes, etc.
- The Preamble and Article 25's Fundamental Rights both guarantee the nation's secularism. The UCC aids in removing distinctions based on religious marriage laws.
- A UCC will help in curbing the practice of using these laws for the purpose of political gains.
Factors inhibiting India's adoption of the Uniform Civil Code:
- Concerning the adoption of UCC, there was discussion in the Constituent Since no consensus was reached, it was classified as part of the Constitution that was not enforceable.
- India's communities are incredibly diverse, making it challenging to find a foundation upon which a UCC can be established.
- In the application of UCC, there is a conflict between the right to equality (Article 14) and the right to freedom of religion (Article 25), as UCC restricts freedom of religion in the name of the right to equality.
- There is a lack of consensus between the Judiciary and the Legislature over the priority order of a) Freedom of Religion (b) Rights of women (and c) Uniform Civil Code.
Before implementing UCC, the government must take the following actions:
- Instead of adopting a top-down or bottom-up implementation strategy for UCC, there is a need to build trust with the minority community.
- When passing any legislation, the government should keep in mind India's laudable secular tradition.
A consensus must be reached regarding the Uniform Civil Code without sacrificing the principles of minority protection and maintaining national unity.