Uniform Civil Code : All you need to know.

Uniform Civil Code : All you need to know.

Uniform Civil Code refers to the proposal to replace personal laws based on customs and traditions with a common set of laws governing marriage, divorce, et cetera for all citizens.

The 22nd Law Commission of India has chosen to request perspectives and thoughts of public and religious organizations about the Uniform Civil Code.

Article 44 of the Indian Constitution states – The State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.

All India Muslim Personal Law Board had submitted a response to the said Law Commission that the idea of the Code is apprehended by Muslims of India as an object to put Muslim Law in peril.

The Main contention is that Article 25 and 26 provides for the freedom religion, and thus the Uniform Civil Code Infringes the said Fundamental rights.

The age of majority is different in different religious where all others are settled at 18 years and 21 years, under Muslim Law the age of majority is when a child hits puberty.

Article 14 of the Constitution, which encompasses the right to equality, certain limitations are imposed to facilitate the advancement of women and other marginalized segments of society. In the same vein, it is plausible that Article 25 and 26,  incorporates certain constraints.

Uniform Civil Code is a plausible protection against regressive practices such as Triple Talaq, Polygamy, unequal inheritance rights and minor marriage under Muslim law.

When enacted, the Code may work to simplify laws that are segregated at present based on religious beliefs.

The path to Uniform Civil Code requires careful navigation, acknowledging different communities’ diverse perspectives and aspirations.

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