“What are the implications of a Uniform Civil Code in India in relation to Shariah and Hindu law, and how can legal reforms balance religious diversity with the pursuit of gender equality and social justice?”
There are various provisions in the Indian Constitution that uphold the principle of secularism. They are as follows: Key Provisions Upholding Secularism in the Indian Constitution 1. Secular Preamble: The Preamble of the Indian Constitution, amended in 1976, affirms the nation's commitment to seculRead more
There are various provisions in the Indian Constitution that uphold the principle of secularism. They are as follows:
Key Provisions Upholding Secularism in the Indian Constitution
1. Secular Preamble: The Preamble of the Indian Constitution, amended in 1976, affirms the nation’s commitment to secularism, ensuring that religion does not influence state policies or governance.
2. Equality and Non-Discrimination: Articles 14 and 15 guarantee equality before the law and prohibit discrimination based on religion, race, caste, sex, or place of birth, ensuring all citizens are treated equally regardless of their religious beliefs.
3. Freedom of Religion: Articles 25 to 28 ensure freedom of religion, allowing individuals to profess, practice, and propagate any religion freely, while permitting state regulation of religious institutions for social welfare and reform.
4. State Neutrality: Article 27 mandates state neutrality in religious matters, prohibiting the use of public funds for promoting any particular religion or religious institution.
5. Uniform Civil Code: Article 44 proposes a Uniform Civil Code to unify personal laws across religions, aiming to promote equality and secular principles in personal matters like marriage, divorce, and inheritance.
6. Separation of Powers: The Constitution’s separation of powers among the legislature, executive, and judiciary ensures no single branch can enforce religious doctrines or discriminate based on religion.
7. Judicial Interpretations: Indian courts interpret and uphold secularism through landmark decisions, protecting religious freedoms and preventing state favoritism or discrimination toward any religion.
In summary, the Indian Constitution safeguards secularism by ensuring religious freedom, promoting equality, maintaining state neutrality in religious affairs, advocating for a uniform civil code, and enforcing separation of powers. These provisions collectively foster a society where individuals of diverse faiths can coexist peacefully under a government free from religious interference.
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"It is a regret that Article 44 has remained a dead letter" said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed 'Uniform Civil Code(Article 44)' under Directive principles of State Policy(Part IV). Need for UCC to balance diversity and ensure social justiRead more
“It is a regret that Article 44 has remained a dead letter” said Justice Y V Chandrachud in Shah Bano judgement (1985). Our constitution-makers have placed ‘Uniform Civil Code(Article 44)’ under Directive principles of State Policy(Part IV).
Need for UCC to balance diversity and ensure social justice
1) It enhances ‘Secularism’ – mentioned in Preamble and a part of Basic structure.
2) It is based on ‘Equality’ – a fundamental right (Article 14)
3) Personal laws are usually against women and marginal, vulnerable sections.
For example, Shariat – allows polygamy (Sarala Mudgal Case)
5) States like Goa, Uttarkhand have adopted UCC after legislative consensus
6) Supreme Court has supported its implementation in multiple instances.
Challenges to implement UCC
1. Article 26 provides for the right to manage one’s own religious matters.
2. Debate of – Fundamental Rights(Article 26) v/s DPSPs(Article 44)
3. STs have customary laws protected by the constitution itself.
4. Apprehensions of imposition of majoritarian values on minority
5. Accommodating diversity
Way forward
1) 22nd Law commission sought public consultation process on UCC
2) Consensus building that UCC is necessary
3) In the short-term personal laws can be codified phase-wise
4) UCC should not be imposed right away through an ordinance, it should pass through parliamentary debates and deliberations
5) Political parties should rise above differences for the common good of all
A fundamental change in people’s mindset is required for UCC’s implementation.
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