Uniform Civil Code Flashcards
Q. Write an Introduction for UCC .
Ans : UCC provides for the formulation of one law for the entire country , which would apply to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, and succession.
Q. What is the current status of UCC ?
Ans : Currently , Indian personal law is complex, with each religion adhering to its specific laws.
- For instance, Hindu Succession Act 1956 governs Hindus, Sikhs, Jain’s and Buddhists; Muslim Personal Law governs Muslims; and Indian Succession Act 1925 applies to Christians, Parsis, and Jews.
Q. What are some arguments in favour of UCC ?
Ans : 1. Constitutional Mandate: A-44 under DPSP.
2. Promotes Secularism where religious beliefs do not dictate civil matters.
3. Foster National unity and integration.
4. Gender justice by eliminating discriminatory practices in certain religious personal laws
*UNHRC has called on India to implement UCC that would help India to demonstrate its commitment to the principles of equality and non-discrimination.
5. Simplification of laws.
6. Adopting to modern times; laws align with the evolving social landscape, promoting inclusivity and individual freedoms .
Q. What are some arguments against UCC ?
Ans : 1. Against diversity : could undermine the cultural and religious identities of different communities and could violate religious freedom (A-25)
2. Lack of Consensus: Implementing UCC without the consent could lead to social unrest.
3. Infringing on principles of cooperative federalism : It is argued that states are better positioned to assess and legislate personal laws.
Q. Write a “Way Forward” for UCC.
Ans : 1. Consensus: Constructive dialogue with all stakeholders, including religious leaders and community representatives.
2. Awareness : Common citizen must understand the rationale behind UCC and benefits.
3. Eradicating discrimination : UCC should be in line with principles of justice, equality and non-discrimination.
5. Adopting a piecemeal approach, like the recent amendment in the age of marriage .
6. Law commission had furnished a consultation paper on “Reform of Family Law” in 2018, which stated that , A UCC was “ neither necessary nor desirable at this stage”.
Q. What are some Important Judicial Pronouncements related to UCC ?
Ans : 1. Shah Bano Begum Case, 1985 : Parliament should outline the contours of a common civil code.
2. Sarla Mudgal Case, 1995 : Reiterated the need for parliament to implement UCC.
3. Shayara Bano Case, 2017 : SC held that practise of talaq-e-biddat or instantaneous triple talaq is unconstitutional.
