UCC : Why and Why Not?
- 21st Law Commission says that there is no need of UCC (Uniform civil code) =
- Reason for no UCC = 1) Secularism vs plurality.Secularism cannot contradict the plurality prevalent in the country + 2) Difference always doesn’t implies discrimination.The term ‘secularism’ has meaning only if it assures the expression of any form of difference + 3) This diversity, both religious and regional, should not get subsumed under the louder voice of the majority
- Conclusion = UCC may not be enforced right now but many discriminatory and inhuman practices like triple talaq,polygamy,ban of women entry into some temples,gential mutiliaton etc cannot hide behind the cloak of religious beliefs
- Debate on the UCC is centred on the argument to replace individual personal customs and practices of marriage, divorce, adoption and successions with a common code. Those in favour of one code argue that it will end discrimination in religions. Detractors contend that it will rob the nation of its religious diversity and violate the fundamental right to practise religion enshrined in Article 25 of the Constitution.
- Article 44, the framers of the Constitution have used the term ‘uniform’ and not ‘common’ because ‘common’ means one and same in all circumstances whatsoever and ‘uniform’ means ‘same in similar conditions’