Uniform Civil Code

rdf:langString Uniform Civil Code

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rdf:langString The Uniform Civil Code (IAST: Samāna Nāgrika Saṃhitā), sometimes referred as UCC, is a proposed law in India to formulate and implement personal laws of citizens which apply to all citizens regardless of their religion, gender or sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India's political left wing, Muslim groups and other conservative religious groups and sects in defense of sharia and religious customs. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Meanwhile, article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies. This draft also creates hopes for the LGBTQIA+ community in India as it does not differentiate between individuals based on their gender, or sexual orientation. Same-sex marriages are not recognized legally by any applicable law in India till now. Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. Indian state of Goa was separated from India due to colonial rule in the erstwhile Portuguese Goa and Damaon, retained a common family law known as the Goa civil code and thus being only state in India with a uniform civil code till date. Following India's independence, Hindu code bills were introduced which largely codified and reformed personal laws in various sects among Indian religions like Buddhists, Hindus, Jains and Sikhs while exempted Christians, Jews, Muslims and Parsis, being identified as distinct communities from Hindus. UCC emerged as a crucial topic of interest in Indian politics following the Shah Bano case in 1985. The debate arose when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law, permitting unilateral divorce, polygamy and putting it among the legally applying the Sharia law. UCC was proposed twice, in November 2019 and March 2020 but was withdrawn soon both of the times without introduction in parliament. The bill is reported to be being contemplated due to differences between BJP & RSS. It faces opposition primarily from Muslims, Indian left and conservative section of Hindus as a threat to religious freedom. While BJP continues to defend it as "a modern and scientific way of living".