Uniform Civil Code; Historical background it's Benefits and related Concern

 Uniform Civil Code means uniform laws for marriage, divorce, adoption and custody for all citizens of India. it comes under article 44(directive Principe of state policy).

Uniform Civil Code; Historical background it's Benefits and related Concern


historical background

before independence -  

  • In 1840, according to the Lex Loki report, the British government introduced a uniform civil code for crimes, contracts, evidence, but the personal laws of Hindus and Muslims were deliberately kept separate.

  • In May 1941, the British Government appointed B.N. Rao as the chairman of a committee, and according to the report of that committee the government gave equal rights to Hindu men and women

 After Independence -  

  • A committee constituted under the Committee on Fundamental Rights in the Constituent Assembly said that the Uniform Civil Code cannot be implemented under the provision of fundamental rights.
  • Inter-religion marriages were recognised under the Special Marriage Act, 1954.
  • The Honorable Supreme Court has also supported the Uniform Civil Code in many cases.

present condition of personal laws in India - 

Personal laws are those laws which apply only to the person of that particular religion who practices that religion, in other words we can say that Hindu code will not apply to non Hindu person.

in present their are four Hindu code - 

  1. Hindu marriage act
  2. Hindu succession act
  3. Hindu minority and guardianship act
  4. Hindu adoption and maintenance act

note - ( Jain,Sikh and Buddha comes under word ''Hindu'' in government documents)

Muslim personal code - 

  1. Muslim personal law (shariyat)application act
  2. dissolution of Muslim marriage act

christian personal laws - 

  1. Indian christian marriage act 
  2. divorce act
  3. Parsi marriage and divorce act

benefits of uniform civil code - 

  1. Gender equality - Personal laws are based on customs, due to which men have been given more rights in them, which do not seem logical and fair in today's society, this difference will end with the implementation of Uniform Civil Code
  2. simplification of laws - Due to the implementation of the Uniform Civil Code, the complex laws of marriage, divorce etc. prevailing at present will become simple and equal for all, Uniform Civil Code will also reduce the pressure in the courts.

Arguments Against Uniform Civil Code - 

  1. It is argued against the Uniform Civil Code that India is already full of secular laws, so there is no need for a Uniform Civil Code.
  2. A large section of the society believes that this is only a reform of the majority and an attack on their religion.
  3. In 2018, the Law Commission had said that there is no need for a Uniform Civil Code at present.

FAQ - 

1.Which states bring Uniform Civil Code specially?
ans. Goa is the first state who bring uniform civil code in 1954.


see also - 


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