The Uniform Civil Code
The Uniform Civil Code
The Uniform Civil Code
shows that the nation has moved beyond the traditional demarcations based on
religion, sex, caste and place of birth. It is seen as a beacon to facilitate much
needed social growth in India along with economic growth.However, there are
many who advocate that with the implementation of UCC the secular fabric of
our country would be threatened, and it would be a potential threat to the
religious freedom, especially for minorities.
UCC does not limit the freedom of people to follow their religion; it means every
person should be treated equally. Most of the personal laws have an inherent
bias against the rights of women such as Unilateral Oral Talaq in Muslim Law,
limited property rights of women in Christian Law or restitution of conjugal
rights issue under Hindu Personal Law. This bias does not operate only against
women, but also men.
The Hindu Marriage Act, 1955, is the only personal law that provides for
alimony from the wife to the husband, even the Foreign Marriage Act, 1969, or
The Special Marriage Act, 1954, which are supposed to be gender neutral have
no provision under which the husband can demand alimony from his wife.
Similarly, personal laws do not provide for inter-religious marriages[1] thus
prove to be divisive in society. Some benefits may also be considered
unconstitutional for example, the Hindu Undivided Family gets tax exemptions,
and Muslims must not register gift deeds; such benefits are based on religion
and thus unconstitutional.
Every modern nation which has truly embraced Secularism has a Uniform Civil
Code.