What is Uniform Civil Code in English ?
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| Uniform Civil Code in English ? |
Uniform Civil Code (UCC) What is UCC (Uniform Civil Code)?
Uniform Civil Code (UCC) means one country, one law i.e. one law for all citizens (people of every religion, caste, gender) living in the country . If the Civil Code is implemented, there will be one law for the citizens in all subjects like marriage, divorce, adoption of a child and division of property. In the fourth part of the Constitution, there is a detailed description of the Directive Principles of State Policy, in which Article 44 states that it is the responsibility of the government to implement a uniform civil code for all citizens .
Article 44 is based on the concept of common law regarding succession, property rights, marriage, divorce and child custody . By the way, Uniform Civil Code is applicable only in the state of Goa in India. The question is, how is this applicable in Goa? Is Uniform Civil Code applicable in any other country of the world? If it is implemented in India, what will be its consequences?
Uniform Civil Code is applicable in Goa.
Goa has got the status of a special state in the Indian Constitution. At the same time, the Parliament had given Goa the right to implement the Portuguese Civil Code by enacting a law. This civil code is still applicable in Goa. It is also known as Goa Civil Code. Goa has a family law for all religions and castes including Hindu, Muslim and Christian. That is, the laws of marriage, divorce and succession are the same for Hindus, Muslims and Christians. In Goa, a Muslim does not have the right to divorce his wife by saying it three times. Apart from this, the marriage will be legally valid only when it is registered. Once the marriage is registered in Goa, then divorce is granted only through the court.
However, as the number of laws dealing with personal issues increased, the government was forced to codify Hindu law in 1941 by B.N. Rao committee was constituted.
Based on the recommendations of this committee, the Hindu Succession Act was adopted in 1956 to revise and codify the law relating to intestate succession for Hindus, Buddhists, Jains and Sikhs. However, separate personal laws remained in force for Muslims, Christians and Parsis.
What is the situation in other countries
Israel, Japan, France and Russia have common civil codes or, for some cases, common civil or criminal laws. European countries and America have a secular law, which applies equally to all citizens, irrespective of their religion. In Islamic countries there is a uniform law based on Sharia which applies to all individuals irrespective of their religion.
Rome: The principles of civil law were created in Rome itself. The Romans used the principles to develop a code that determined how legal issues were to be decided. He called it jus civile. Emperor Justinian made this code in 527 CE. Roman law was later implemented by many other countries as well. However, it has been interpreted and developed over time. Generations of jurists used it depending on the prevailing situation.
France: One of the most famous civil codes in the world is that of France. The Napoleonic Civil Code was implemented in France in early 1804. This civil law replaced more than 300 local civil laws. It superseded both customary law and existing legal provisions. It covered a vast field of property, goods, usury, easement, succession, wills, gifts, contracts and quasi-contracts. The French Code established a balance between privilege and equality, customs and legal requirements.
America: Uniform Civil Code is applicable in America too, whereas like India there is a lot of diversity here too. There are many layers of law, which vary by country, state and county, agencies and cities. States have independent legal institutions apart from their own Supreme Court, which follow their own practices and legal conventions. These general principles govern civil laws in the states in a manner that is applicable throughout the country. Only issues of a federal nature or issues such as security, taxation, general legal issues which affect the entire country are dealt with by the Federal Supreme Court.
Muslim countries : Muslim countries traditionally have Sharia law, which is derived from religious teachings, practices and traditions. These laws have been interpreted by the jurists on the basis of faith. However, in modern times, such laws have been amended or rules have been modified, influenced by European models. The Islamic countries of the world generally have civil laws based on traditional Sharia law. These countries include Saudi Arabia, Turkey, Pakistan, Egypt, Malaysia, Nigeria etc.
These things are being said in support
With the abolition of personal laws of different religions, the burden on the judiciary will be reduced.
Complex laws related to various issues including marriage, inheritance and succession will become easier.
Discrimination on the basis of religion or personal laws will end. Women and minorities will get equal rights and protection.
Religious customs like triple talaq will end.
These things are being said in protest
- UCC will violate religious freedom. Personal laws will be affected.
All religions will be accused of implementing Hindu Personal Law.
- There will be a debate about religious freedom, equality and propaganda. Article 25 of the Indian Constitution, which protects the freedom to practice and propagate any religion, runs counter to the concept of equality enshrined in Article 14 of the Indian Constitution.
- There are differences in many customs in Hindu society in the states of South and North. For example, marriages between relatives do not take place in the north, but in the south it is considered auspicious. For example, in the South, the marriage of maternal uncle and niece takes place. How will equality come in such a situation?
Similarly, the local customs of Nagaland, Meghalaya and Mizoram have been protected by the constitution. How will there be uniformity in such a situation?
Under the guise of social reform, allegations and counter-allegations will start on the minorities for implementing the laws of the majority .
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