Uniform Civil Code: Following Prime Minister Narendra Modi’s indication, the implementation of Uniform Civil Code in India is almost certain. It can be filed during the monsoon session before the 2024 Lok Sabha elections. Meanwhile, the Law Commission has received 9.5 lakh responses to the UCC. Modi states that there cannot be two laws in one family (different religions of India). The Supreme Court has also ruled many times on the implementation of a uniform civil code in the country.

While this is not the first time the UCC has been discussed, the issue was discussed before and immediately after independence. At that time, changes were made to the Hindu Personal Law despite protests. In 2005, an amendment to Hindu law gave daughters equal rights in the possession of their parents.

What is uniform civil code: Uniform Civil Code i.e. Uniform Civil Code (UCC) means uniform legislation for every citizen residing in India. Regardless of any religion, caste or class. After the introduction of the Uniform Civil Code, a uniform law will apply to all religions in marriage, divorce, adoption and division of property. Uniform Civil Code means a fair law, which has nothing to do with any religion. In other words, a secular law. However, in India, there is a general law for all matters except family law.

What does article 44 say: Article 44 directs the state to create a uniform civil code for all religions. It states that it is the responsibility of the government to introduce a uniform civil code for all citizens. Today, people of every religion regulate these matters according to their personal law. There is a separate personal law for Muslims, while Hindu law also covers Sikhs, Jains and Buddhists.

What is Hindu Personal Law: Hindu code bill was filed for Hindus in India. After opposition in the country, this bill was divided into 4 parts. Then Prime Minister Jawaharlal Nehru divided it into Hindu Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act and Hindu Minority and Guardianship Act. Hindu personal law has also undergone significant reforms and changes over time. Amending the Hindu Succession Act in the year 2005 gave daughters the same rights as sons in ancestral property.

Muslim personal law: Currently, there is a separate personal law for Muslims in India. This mainly includes matters such as marriage, divorce, division of property. Before 2019, under Muslim law, a Muslim man could only divorce his wife by saying talaq three times. Due to its misuse, it was abolished by making a law in parliament. Now triple talaq is a legal crime. Although similar laws exist even today.

In the Muslim community, according to the Shariat Act 1937, disputes over succession and property are settled. After the triple talaq law was passed, Prime Minister Narendra Modi had said that Muslim women, who had been suffering from the bad practice of triple talaq for centuries, had been given justice. Then-President Ram Nath Kovind also called it a historic achievement in gender equality.

The Shah Bano case has been made Used to be Example: The Shah Bano case became an example for the UCC. In 1985, after the Shah Bano case, the issue of the Uniform Civil Code came into the limelight. The Supreme Court had imposed alimony on Shah Bano’s ex-husband after the divorce. The court had also said in its ruling that the Uniform Civil Code should be introduced. However, the then government of Rajiv Gandhi overturned the decision of the Supreme Court through a bill.

Why legislation is needed: Proponents of the Uniform Civil Code believe that separate laws for different religions place an additional burden on the judiciary. UCC solves this problem to a large extent. There will be equal rights for all in marriage, divorce, adoption and division of property, regardless of religion. It is also worth noting that most countries of the world have only one law for their citizens.

Why is the central government in a hurry: In fact, Uniform Civil Code is part of the BJP’s election manifesto. That is why the party wants it to be implemented before the 2024 Lok Sabha elections. It may even make it an election issue. The BJP government also benefited from the issue of triple talaq. The BJP hopes it can win the votes of Muslim women. The opinions of the leaders of the opposition parties who are on the same carpet in Patna also differ on this. Apart from Owaisi’s party, no other party is openly speaking out on this issue.

Founder of Divya Manav Mission and legal expert Acharya dr. Sanjay Dev It is said that the Uniform Civil Code should be introduced. This is a welcome step. The UCC should not have entered into force until the constitution came into force in the country or even earlier when power was transferred. If the government still intends to implement it, then that’s a good effort. Not only in marriage, divorce, adoption, succession, there are many more matters to which the Uniform Civil Code should apply.

He said that there should be equal religious and educational rights for everyone. It can be seen that some religious institutions are controlled by the government while others are arbitrarily controlled. This discrimination is clearly visible. Either all such religious and educational institutions should be government controlled, or there should be none. The educational institutions of a particular community are governed arbitrarily while the government controls the institutions of the majority class. Also, UCC should not become an election issue, but a matter of national interest.

There will be improvement in the condition of women: It is believed that the implementation of the Uniform Civil Code will also improve the condition of women in India, especially Muslim women. Women’s rights are limited in personal Muslim law. Not only this, after the UCC is implemented, uniform rules will apply to women in matters such as their marriage, divorce, paternal property rights and adoption.

Why protest: Whenever the question of a uniform civil code in India comes up, it is opposed on this basis, an attempt is made to attack a certain class on this basis. This is why the Muslim community and its leaders are constantly resisting it.

Supreme Court Lawyer Mujeeb Khan It is said that the introduction of the Uniform Civil Code will have no consequences for today’s society. This is a political issue. Subject to Islamic personal law, all people currently live under the uniform civil code. Actually, this issue is being more politically driven by creating the need for it. However, the greatest impact will only be on Muslim society.

there itself, Lawyer Faraj Ahmed has the opposite opinion. They say that this will definitely make some people feel bad, but it is in the best interest of the country. Divorce, marriage according to different religions in the same country is definitely a difficult process. UCC is needed to make it easy. It must be carried out taking into account the population of the country.

There was also opposition to the change in Hindu personal law: Not only Muslims are against it. As the change in Hindu personal law came to prominence in 1948, even then the reforms associated with it were opposed by the veteran leaders of the time. Even in 1949, during the debate on the Hindu Code Bill, 23 out of 28 speakers were against it. It also encountered opposition in September 1951. Later, then Prime Minister Jawaharlal Nehru made the provisions flexible by splitting this code into separate laws.

Supreme Court Lawyer Dilip Singh Panwar It is said that if we are a democratic and secular country, people of every religion and every class should be governed by the same law. Linking divorce or marriage to religion is not fair. It is not necessary for husband and wife to belong to the same religion, they can be Hindu and Muslim. In such a situation, they may be subject to the same law.

What will the government do with the tribes: The tribal community is also not in favor of the Uniform Civil Code. In fact, the Hindu Marriage Act 1955, the Hindu Succession Act 1956 and Section 2(2) of the Hindu Adoption and Maintenance Act 1956 and Section 3(2) of the Hindu Majority and Guardianship Act 1956 do not apply to the Scheduled Tribes. The main reason for this is also that tribes and sub-tribes have different traditions regarding marriage etc.

In the case of polygamy, the Supreme Court also said in a judgment in 2001 that people belonging to the tribe follow Hinduism but fall outside the scope of Section 2(2) of the Hindu Marriage Act. Therefore, he cannot be held guilty under Article 494 of the IPC. Even in 2005, the Supreme Court had said that tribesmen can marry according to the customs of their community.

Tribal protest started: 30 Jharkhand tribal organizations have opposed the UCC. They believe that if the UCC is implemented, it will put an end to their usual practices. In addition, Chhotanagpur’s Tenancy Law and Santhal Pargana’s Tenancy Law regarding land will also be affected. Protests have also begun in the tribal-dominated northeastern states. Mizoram chief minister Conrad Sangma also opposed it, citing the country’s diverse culture. The Sangma government is supported by the BJP. Other tribal groups in the Northeast also oppose the code.

who said what?

• Prime Minister Narendra Modi Said- There cannot be different rules for two people in the same family. How will the house be able to run with such a dual system?

• Former Prime Minister of Jammu and Kashmir and Leader of NC Farooq Abdullah Said that before implementing UCC, the government should think about its implications. Don’t let a storm come.

• congressional leader mim afzal Said- This is not UCC, this is DCC i.e. Civil Code Splitting. The government’s agenda is to divide the country’s population.

• muslim leader Asaduddin Owaisi Said- It seems Modi ji couldn’t quite understand Obama’s advice. Will Modi end the Hindu undivided family? Due to this, the country suffers a loss of Rs 3064 crore every year.

• SGPC Said Khalsa’s personality is independent and divorced. No code applies for this. With the implementation of this code, our culture will come to an end.

• Chief of the Council for the Personal Right of Muslims Maulana Firangi Mahali said the board would oppose the UCC and vigorously present its arguments before the Law Commission.

• BJP leader Mukhtar Abbas Naqvi Said that listening to the voice of conscience is the only appropriate response in municipal politics to progressive legislation such as UCC. UCC will ensure equality and justice for all.

• General Secretary of All India Shia Personal Law Board jasob abbas Said we’re against it all the time. It is better if the government does not bring UCC. The beauty of the country is that everyone lives together here.