“UCC is a transition step from positive secularism to the ideal of negative secularism.” Elucidate the statement and discuss the implications of the given statement.
Model Answer Moral conscience is an individual’s internal sense of right and wrong, which often guides ethical decision-making. It typically complements laws, rules, and regulations, though there are situations where they might diverge. When Moral Conscience Complements Laws Shared Universal Values:Read more
Model Answer
Moral conscience is an individual’s internal sense of right and wrong, which often guides ethical decision-making. It typically complements laws, rules, and regulations, though there are situations where they might diverge.
When Moral Conscience Complements Laws
- Shared Universal Values: When laws reflect society’s moral values, they complement each other. For example, child labour laws prohibit the exploitation of children, aligning with the collective moral belief that children deserve to grow in safe, nurturing environments.
- Fundamental Human Rights: Laws protecting fundamental human rights, such as the Protection of Human Rights Act, 1993, stem from universal moral principles. They safeguard rights related to life, liberty, and equality, reinforcing societal moral standards.
- Legal Amendments Driven by Conscience: Moral conscience can drive legal reforms, such as the introduction of universal adult franchise in India post-independence. The law was influenced by the moral belief in equality and the right of every adult to vote.
- Encouraging Ethical Compliance: Personal accountability, driven by conscience, encourages adherence to laws, as seen with IAS officer Asheesh Singh, who led an effort to clear 13 lakh metric tons of garbage in Indore, helping the city achieve the top rank in the Swachh Survekshan survey.
When Moral Conscience Conflicts with Laws
- Unjust Laws: Laws that are inherently unjust often conflict with moral conscience. A key example is Mahatma Gandhi’s Civil Disobedience Movement, where he called for breaking the Salt Law, which he viewed as immoral.
- Laws Against the Public Good: Sometimes laws may be legal but morally questionable. Edward Snowden’s whistleblowing against government surveillance programs broke confidentiality laws, yet it was seen as morally justified for the public good.
- Evolving Morality: As societal values evolve, so does the moral conscience. For instance, Section 377, once seen as morally right, was eventually struck down by the Indian Supreme Court, reflecting the changing moral attitudes toward LGBTQ+ rights.
Conclusion
While laws generally reflect moral conscience, there are situations where the two diverge, often when laws are outdated or unjust. A balanced approach, integrating moral conscience with legal frameworks, is crucial to fostering a just and responsible society.
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The concept of secularism sparks intense debate. It encompasses two main concepts. Positive secularism, followed in India, involves the state recognizing religious coexistence and striving to foster a healthy relationship between religions and the state. It prioritizes minority rights and advRead more
The concept of secularism sparks intense debate. It encompasses two main concepts.
Positive secularism, followed in India, involves the state recognizing religious coexistence and striving to foster a healthy relationship between religions and the state. It prioritizes minority rights and advocates for religious pluralism.
Negative secularism, on the other hand, advocates for a strict separation between religion and the state. It dictates that religion should not interfere in state matters, and vice versa. All religions are considered equal in the eyes of the law.
Uniform Civil Code aims to establish a common set of laws for all citizens, replacing personal laws granted to specific religious communities. It ensures equal treatment of all citizens, regardless of their religion.
Indeed it can be inferred that implementation of UCC in India will be the first step towards achieving the ideal of Negative Secularism . Which is idealised as perfect equality .
Implications of implementing UCC in India can be different across different Communities as :-
It is opposed by some minority communities because it seeks to abbrogate their personal religious laws. And they think that this is unnecessary intervention of government in their religious matter.
While some people thinks UCC is necessary for national integration and Equal treatment of people before law .
It is also written in Directive Principles of State Policy in Constitution Article 44 that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
I think that UCC is necessary also for stopping illegal religious conversions and stopping the interference of government in all the religions. A uniform code is required to make a strong legal system which will also be effucient .
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