A CRITICAL ANALYSIS OF UNIFORM CIVIL CODE
AUTHOR – DURGESH YADAV, STUDENT AT B R AMBEDKAR NATIONAL LAW UNIVERSITY, SONIPAT
BEST CITATION – DURGESH YADAV, A CRITICAL ANALYSIS OF UNIFORM CIVIL CODE, ILE WEEKLY REVIEW (ILE WR), 1 (4) OF 2023, PG. 23-27, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.
ABSTRACT
Last year, Chief Minister Pushkar Singh Dhami constituted a UCC panel to draft a report on Uniform Civil Code with core suggestion to ensure equality and harmony among different religions. And now, UCC has reignited the debates as soon as the panel may submit its report to the Uttarakhand state government[1]. Also, the law commission of India issued a statement seeking the views of public and religious institutions on the Uniform Civil Code.
Along with the statement of our Prime Minister Narender Modi in Madhya Pradesh, this issue ignited and became a matter of political debate all over the country. He made a strong pitch for the endorsement of UCC as a country could not have different laws for different people. [2]He also discussed the barbaric condition of the backward caste of Muslims and the secular political class. He also stated that other political parties neglect this idea because of their vote bank from a specific community and religion.
But these debates were not recent ones. It has long records from the past. British and Law Commissions gave their suggestion for the implementation of common law which was above all other personal laws of humans in various private spheres. Yet this decision is still pending before the Supreme Court of India as it can curtail the ambit and scope of religious freedom which is our fundamental right mentioned in the Constitution. Between huge and long-lasting debates of religious rights, I am here going to explore the legal framework of the Uniform Civil Code and its history with the arguments of both sides.
Keywords: Uniform Civil Code, Historical Background, Constitution, Article 25, Uttarakhand
[1] Liz Mathew, Uttarakhand UCC draft ready, likely template for Centre law, The Indian Express( Last Accessed on 5th July,2023- 7:15PM) https://indianexpress.com/article/political-pulse/uttarakhand-ucc-draft-template-centre-law-8694786/
[2] KRISHNADAS RAJAGOPAL, PM Modi’s pitch for Uniform Civil Code is on the same lines as Centre’s affidavit in Supreme Court, The Hindu ( Last Accessed on 5th July,2023- 7:15PM) https://www.thehindu.com/news/national/pms-pitch-for-ucc-is-on-the-same-lines-as-centres-affidavit-in-supreme-court/article67015235.ece