In the country, demanding a uniform civil code can be seen negatively by religious authorities and secular sections of society because of identity politics. The BJP was the first party in the country to promise it if elected into power. Goa is the only state in India which has a uniform civil code.
The Bad: Even though it reinforces equality before law, the idea of a UCC clashes with the right to freedom of religion (Article 25 of the Constitution). The Law Commission's report on reform of family law (2018) comments that a uniform civil code “is neither necessary nor desirable at this stage.”
Need for a Uniform Civil Code
First, between people of different religions. Uniform Civil Code will provide women with the right to equality and justice in courts of law- irrespective of their religion in matters pertaining to marriage, divorce, maintenance, custody of children, inheritance rights, adoption, etc.But UCC can promote equality and justice by incorporating similar laws for all citizens. Another advantage of UCC is that it will simplify the cumbersome legal matters governed by personal laws and will promote gender justice by removing the inbuilt gender injustice of personal laws[5].
The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
Legal developments
Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal. A polygamous Hindu marriage is null and void.- All Indian citizens are equal before the court of law. That is the criminal laws and other civil laws except personal laws are same for all. So, UCC is necessary to promote the national integration. - To bypass the issue of reform of existing personal laws.
Article 44 of the Directive Principles in the Constitution says the “State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.” The objective of this endeavour should be to address the discrimination against vulnerable groups and harmonise diverse cultural practices
As of January 2017, there were about 1,248 laws. However, since there are Central laws as well as State laws, it is difficult to ascertain their exact numbers as on a given date and the best way to find the Central Laws in India is from the official website.
The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India. Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru completed this codification and reform, a process started by the British Raj.
A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure.
The Fundamental Duties' are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties set out in Part IV–A of the Constitution, concern individuals and the nation.
The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India. Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru completed this codification and reform, a process started by the British Raj.
