“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?”
Indian culture was greatly influenced by colonialism especially by the British colonial rule and this had its negative and positive effects. Despite being exploitative, colonialism led to major transformations in different spheres of Indian society. Positive Impacts • Introduction of Western EducatiRead more
Indian culture was greatly influenced by colonialism especially by the British colonial rule and this had its negative and positive effects. Despite being exploitative, colonialism led to major transformations in different spheres of Indian society.
Positive Impacts
• Introduction of Western Education: The British made establishments of schools and universities so they introduced modern education. Some of the early institutions include the University of Calcutta established in the year 1857 and the Indian Institutes of Technology (IITs).
• Social Reforms:Colonial rule, led to a situation where there were various social reform movements across the globe particularly in England.Posters and pamphlets which discouraged practices such as Sati and child marriage were made by preformationists like Raja Ram Mohan Roy leading to the formation of early laws that banned matters like Sati in 1829.
• Legal and Administrative Reforms: Codification of laws and bringing in the modern system of administration facilitated the process of unification and modernization of Indian legal and bureaucratic systems.
Negative Impacts
• Cultural Degradation:Colonial policies often undermined traditional Indian culture. The imposition of English as the medium of instruction. This act made the English language to be more dominant and virtually replaced local languages and literature.
• Economic Exploitation: The economic policies of Britain cliqued the developmental process of the traditional industries of India particularly textile etc. and due to which the rate of poverty and famine also increased. The idea discussed by Dadabhai Naoroji concerning the drain of wealth described the economic colonization by foreign rulers.
• Social Disruption: Division of people into groups(Divide and rule policy) was one of the main aspects of British ruling policies that resulted in long-term division of the society. One of the policies that divided people along religious line is the partition of Bengal in 1905.
Colonialism had different impacts on Indian culture which were either beneficial or detrimental. On one hand, it introduced the system of current education and social change; on the other, it led to cultural declination and economic exploitation. Primarily, colonization disrupted Indian society and its consequences are still evident in different forms in present day society.
"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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