UCC IMPLEMENTATIONS WITH CHANGES:

Commission suggests certain measures in marriage and divorce that

should be uniformly accepted in the personal laws of all religions.

A uniform civil code “is neither necessary nor desirable at this stage” in
the country, the Law Commission of India said on August 31.

In a 185-page consultation paper , the Commission said secularism

cannot contradict the plurality prevalent in the country.

The Commission, led by former Supreme Court judge Justice B.S. Chauhan, said
“cultural diversity cannot be compromised to the extent that our urge for
uniformity itself becomes a reason for threat to the territorial integrity of the
nation”.
A unified nation did not necessarily need to have “uniformity”. ''Efforts have to be
made to reconcile our diversity with universal and indisputable arguments on
human rights,'' the Commission said. Difference did not always imply
discrimination in a robust democracy, the government’s topmost law advisory
body said.
In fact, term “secularism” has meaning only if it assured the expression of any
form of difference. This diversity, both religious and regional, should not get
subsumed under the louder voice of the majority, the Commission said.

discriminatory practices within a religion should not hide behind the cloak of that
faith to gain legitimacy. The abolishment of triple talaq is a pro.

t said the way forward may not be a uniform civil code, but the
codification of all personal laws so that prejudices and stereotypes in every
one of them would come to light and could be tested on the anvil of
fundamental rights of the Constitution.

“By codification of different personal laws, one can arrive at certain

universal principles that prioritise equity rather than imposition of a
uniform code, which would discourage many from using the law
 altogether, given that matters of marriage and divorce can also be settled
extra-judicially,” the Commission reasoned.

The Commission suggested certain measures in marriage and divorce that

should be uniformly accepted in the personal laws of all religions.

These amendments in personal laws include fixing the marriageable age

for boys and girls at 18 years so that they marry as equals, making adultery
a ground for divorce for men and women and to simplify divorce
procedure. The Commission said the filing of Section 498A IPC (dowry
harassment) cases was actually done by women wanting a quick exit from
a difficult marriage.

'Nikahnama s should make it clear that polygamy is a criminal

offence'
Significantly, the Commission suggested that nikahnama s should make it
clear that polygamy is a criminal offence and this should apply to “all
communities”.

“This is not recommended owing to merely a moral position on bigamy, or

to glorify monogamy, but emanates from the fact that only a man is
permitted multiple wives, which is unfair,” the Commission explained.

JOINT CHORUS AGAINST UCC IMPLEMENTATION

Senior leader of AIADMK and MP S Anwar Raja said his party would
raise the issue on the floor of Parliament. “The late Chief Minister, J
Jayalalithaa, opposed the UCC in a strong manner. Following in her
footsteps, the AIADMK will register its opposition to the common code in
Parliament,” he told the gathering.

Talking tough on the issue, DMK’s deputy general secretary VP

Duraisamy said, “The country’s strength lies in diversity. If the UCC is
brought into force, it will harm the religious sentiments of Muslims and
trigger destabilisation of harmony.” 

n 2021, the Tamil Nadu government appointed a committee under retired High
Court judge AK Rajan to study the impact of NEET on medical admissions in
Tamil Nadu. The committee in its report said that NEET is biased towards students
who are part of the Central Board of Secondary Education, attend coaching
services, study in private English medium schools and are from affluent, urban
backgrounds.

This, if allowed to continue, would affect medical services in the state since Tamil
Nadu requires “doctors from all social levels” who value their nativity and
understand “complex social structures and beliefs”.

It concluded that NEET has “adversely affected” various student groups in Tamil
Nadu and is also against the interest of disadvantaged groups. To remedy this, it
suggested that the government conduct admissions on the basis of class 12 marks,
normalised across different boards.

The hindu personal laws

The Hindu Marriage Act, 1955, The Hindu Succession Act, 1956, The Hindu Minority
and Guardianship Act, 1956, The Hindu Adoption and Maintenance Act, 1956.
Even though the hindu laws have been modified, the muslim laws haven’t. hence what is
needed is modifications and not a uniform civil code.

 On the other hand, Muslim personal laws are still primarily

unmodified and traditional in their content and approach.

o The Shariat law of 1937 governs the personal

matters of all Indian Muslims in India.
o It clearly states that in matters of personal
disputes, the State shall not interfere and a
religious authority would pass a declaration based
on his interpretamtions of the Quran and the
Hadith.

 Apart from it, Christians and Jews are also governed by

different personal laws.
 o Article 25 lays down an individual’s fundamental right to
religion.
o Article 26(b) upholds the right of each religious
denomination or any section thereof to “manage its own
affairs in matters of religion”
o Article 29 defines the right to conserve distinctive culture.
o These rights get into conflict with the equality before law
enshrined under article 14 and 15.

ARTICLES THAT WILL GET AFFECTED IF UCC IS ADOPTED:

Article 25 
Article 26(b)
Article 29
article 14 
article 15

if implemented then , The UCC must carve a balance between the

protection of fundamental rights and religious dogmas of individuals. It
should be a code, which is just and proper according to a man of ordinary
prudence, without any bias with regards to religious and political
considerations.
Uniform civil code is not a part of the Indian constitution, it is a part of the Directive
principles of the State policy which in turn was only written to serve as “guideline/goal”
for Indian lawmakers.

Chief cons:
 Freedom of right to religion comes into conflict with right to equality
 Can create insecurities in minds of minorities
  It challenges vast cultural diversity of India
 Poses threat to public order
 No religion will get it's right to manage it's own affairs on matter of
religion
A UCC is desirable, but in a piecemeal manner. Each state in the US has a separate
Constitution and separate criminal laws, and the plurality of laws has not weakened that
country. The UCC has no role in maintaining the integrity of the country.