Uniform Civil Code - Similar to CrPC, which is the uniform criminal code, the uniform civil code intends to create and implement uniform personal/civil rules that apply to all individuals equally regardless of their gender, sexual orientation, or religion. Article 44 of the indian Constitution, which declares that "the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India," makes reference to the UCC. Why then is there uncertainty and confusion about its creation and application since the Constitution makes it clear? The indian Constitution, however, preserves persons' right to exercise their religion freely and grants religious organizations the autonomy to conduct their own business.
Contentions against UCC - While there are many arguments against the UCC, from the BJP's attempt to use it as a distraction tactic to its failure on the governance front to eliminating the pluralism and diversity of the nation, there have been three main arguments raised against the introduction of Article 44 in the draught assembly of the constitution that is still in vogue among those opposed to the UCC. First, the universal civil code contradicted the right to freedom of religion protected by articles 25–28; second, it would cause strife within the Muslim community; and third, it was improper to influence personal law without the consent of the relevant religious communities.
Arguments in favor of UCC - Members of the draught assembly of the constitution responded to these claims by saying that the UCC would not only affect the Muslim community but also the Hindu community and that it was impossible to secure women's rights without the UCC (as demonstrated by the Shah Bano Case of 1985). Additionally, as the constitution has already included provisions for social reform legislation, it would not infringe on the right to freedom of religion. These arguments could still hold water today.
Advantage UCC - UCC has the potential to be both a brilliant electoral move and a Pandora's Box. Whether or if the administration has learned from the caa NRC debacle and the elimination of farm legislation will determine which way things turn out. Will it pursue a consultative consent-building strategy to allay the concerns of minorities as intended by the constitution's founding fathers when they included it under directive principles, or will it take the brutal majority route? It will also demonstrate the government's intention to actually better the plight of Muslim women, as indicated by assam CM Himant Biswa Sarma, or if it will blaze a ray of hope and then put it out via poor execution, similar to the previous administration's careless handling of the Shah Bano issue!
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