What Are The Disadvantages Of Uniform Civil Code?

by | Last updated on January 24, 2024

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With the implementation of Uniform Civil Code, all citizen will share the same set of personal laws . There will be no scope of politicization of issues of the discrimination or concessions or special privileges enjoyed by a particular community on the basis of their particular religious personal laws.

What were the negative aspects of the Civil Code?

The new administrative arrangements didn’t go hand in hand with political freedom. Increased taxation, censorship, forced conscription into the French armies required to conquer the rest of Europe .

What is the advantage of Uniform Civil Code?

The greatest benefit that would result from Uniform Civil Code is a more egalitarian society where every single individual would be guided by the same laws relating to personal issues . Absence of Uniform Civil Code undermines the credibility of secularism in India and promotes social disparity.

Is Uniform Civil Code good for India?

Article 44 says that the “ State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. However, its presence in the said section means that Article 44 is not mandatory and it is up to the Parliament to make a law to bring in UCC.

What are the advantages and disadvantages of Uniform Civil Code?

With the implementation of Uniform Civil Code, all citizen will share the same set of personal laws . There will be no scope of politicization of issues of the discrimination or concessions or special privileges enjoyed by a particular community on the basis of their particular religious personal laws.

Do we need uniform civil code?

UCC is required to ensure that each citizen gets equal treatment before the law with regard to his/her personal laws . The existing personal laws are also not solemn, they need to be relooked also as the laws in themselves, lack uniformity.

Who is against uniform civil code?

The All India Women’s Conference was the first to raise it back in the 1930s. Post-independence, India’s first law minister, B R Ambedkar, asked the Constituent Assembly to adopt a uniform code, but its Muslim members staunchly opposed it.

What is the Article 44?

The objective of Article 44 of the Directive Principles in the Indian Constitution was to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.

Is the only state in India which has a uniform civil code?

Goa is the only state in India which has a uniform civil code. The Goa Family Law, is the set of civil laws, originally the Portuguese Civil Code, continued to be implemented after its annexation in 1961.

Why there is no uniform civil code in India?

Uniform Civil Code is a secular law, which is above all private laws of any religion or caste. But there is no such law system in India yet. At present, people of every religion in the country settle the matters of marriage, divorce and property according to their personal laws.

What is an Article 42?

Article 42 of the Constitution is a non-government organization operating in the sphere of protection of human rights facilitating the protection of civic and political rights and freedoms , as well as protection of other fundamental rights recognized by international law; harmonization of state policy and national ...

Is UCC good or bad?

A UCC could lead to consistency and gender equality when it comes to personal laws, and usher in some much-needed reforms. The Bad : Even though it reinforces equality before law, the idea of a UCC clashes with the right to freedom of religion (Article 25 of the Constitution).

What is Sharia law in India?

All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims .

What is the meaning and importance of uniform civil code?

Meaning of uniform civil code

In India the purpose of Uniform Civil code is to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen . A uniform civil code will mean a set of common personal laws for all citizens.

Is UCC possible in India?

“Bringing about UCC will only come in the way of that fundamentally available right to all Indian citizens . ... It is in contradiction with the Sharia (Muslim religious laws), legal rights and also social and cultural aspects of living of different citizens in the country,” said Maulana Rahmani.

What was the civil code of 1804 also known as?

Napoleonic Code, French Code Napoléon, French civil code enacted on March 21, 1804, and still extant, with revisions. It was the main influence on the 19th-century civil codes of most countries of continental Europe and Latin America.

Amira Khan
Author
Amira Khan
Amira Khan is a philosopher and scholar of religion with a Ph.D. in philosophy and theology. Amira's expertise includes the history of philosophy and religion, ethics, and the philosophy of science. She is passionate about helping readers navigate complex philosophical and religious concepts in a clear and accessible way.