In a far-reaching decision likely to start a heated political debate, the Modi government has asked the Law Commission to “examine” the issue of implementing the uniform civil code. Is it a good move? We debate...
Uniform civil code is a good move because the laws need to be equal to all citizens, irrespective of the community they belong to. Having a different set of rules for citizens of the same nation is not fair.
Aarushi Agavekar, class X, Bal Shikshan Mandir, Pune
Yes, definitely a good move. This will prevent gender inequality and harassment. It will be a sign of what a progressive and vibrant democracy must do in order to move ahead in social index.
Ashutosh Manjhwar, class X, CIPS-Kapsi, Nagpur
Bringing in uniform civil code would tantamount to bringing all religions and people under one section and law. Unnecessarily dragging a political debate into a debate on secularism will not serve any purpose. The move will be of great help in easing out controversies people face when they marry or accept another religion.
Anupriya Dubey, XI, Delhi Public School, Jankipuram
The fact that India is truly rising above religion and making a uniform law that affects every single citizen, it is living up to its secular nature. Amidst all the religious divides and communal tension, the government has taken the right move in inducing harmony.
Neil Trivedi, class XII, DPS Gandhinagar
The Constitution of India guarantees equal rights to every citizen of India. Separate laws for different religions results in inequality and injustice. Religion is one’s own belief and should not be interfered with. Thus, for a democracy like India, uniform civil code is a must.
Sarthak Rao, class X, DAV Public School, Airoli, Navi Mumbai
A uniform civil code is an interesting move by the BJP. I can definitely see the advantages of a uniform system for everyone. It may even bring us together as a nation. However, I’m afraid it might just remain that, a great idea that excited the population, but does not get implemented in the long run.
Gayathri Rajesh, class XI, Navy Children School, Delhi
Every morning of an Indian student begins by the oath of allegiance that all Indians are our brothers and sisters. For the unity and integrity of this diverse family, the decision of implementing a uniform civil code is logical.
Kanchana MR, class XII, KV PATTOM SHIFT 1, Thiruvananthapuram
While the uniform civil code is an ideal step, it is not feasible because practically, you have states like Jammu & Kashmir, which are not bound to follow the Constitution of India. Moreover, the NDA does not have a majority in Rajya Sabha, which will make it tougher to get the law passed there.
Rajarshi Roy, class XII, St Xavier’s Collegiate School, Kolkata
On one hand, if the uniform civil code is introduced, it can promote India’s secular development; on the other, it can also pose a threat to religious harmony. Thus, we need carefully put it into practice and ensure it does no harm to a person’s right to follow any religion.
Sneha Rajeev, class IX, Amrita Vidyalayam, Edappally, Kochi
In a diverse nation as ours, a uniform civil code is not the best way forward. Even today, with varying laws, it is hard to govern the whole of India. Implementing a uniform civil code would largely hamper the legal system as all communities will not be properly represented leading to resentment against the nation as well as the government itself.
Daksh Walia, class XI, Bhavan Vidyalaya, Chandigarh
All about Uniform Civil Code
- A uniform civil code will mean a set of common personal laws for all citizens. Currently, for example, there are different personal laws for Hindus and Muslims. Personal law covers property, marriage and divorce, inheritance and succession.
- Bharatiya Janata Party has always been in favour of such a code. Congress has opposed it.
- Hindu and Muslim groups are on opposite sides of the debate.
- Article 44 of the Directive Principles, enshrined in the Constitution, sets implementation of uniform civil code as the “duty of the State”
- The uniform civil code became a flashpoint in Indian politics in 1985 during the Shah Bano case. The Supreme Court had held that Bano, a Muslim woman, should get alimony from her former spouse. In the context of that judgement, the court had said uniform civil code should apply for personal law. The Rajiv Gandhi government had controversially piloted a law in Parliament to overturn the Supreme Court ruling.
- Demand for uniformity in codification of Indian law was first raised in 1840.
What are the major hurdles? Experts speak
To address the personal laws (including marriage law, succession law etc) it’s important that all the stake holders, who has been enjoying personal law, feels offended. The negotiations with stake holders is the biggest challenge. It is indeed a step in right direction as uniform civil code will bring in uniformity that will strengthen the unity of the country.
Devang Nanavati, lawyer, Gujarat High Court
Uniform civil code is an idealistic concept in India. We are a nation with multiple religions, sects and beliefs. The Muslim Law is different from the Hindu Law and it is a necessity in our country. The biggest obstacle in India is disharmony that may result if some government tries to implement a uniform civil code. The resulting chaos may deter any government from making such a move.
Gerson Da Cunha, social observer
Ifeel uniform civil code is the need of the hour in the global world and economy, as it strengthens the unity and integrity of the country. However, the hurdle is to overcome the communal divide in our country. Minority communities may advocate to the uneducated masses that implementing this code of conduct would threaten the sanctity of personal laws and holy scripts. Further, this conflict facilitates political vote banks. This is perhaps the biggest hurdle to overcome before getting it implemented. Having said that, the Constitution of India under Article 44 emphasises that the State shall endeavour to secure for all its citizens a uniform civil code throughout India.
Shweta Krishnappa, advocate, High Court of Karnataka, Bengaluru