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Explained | What’s the Uniform Civil Code (UCC) and controversies around it?

Explained | What’s the Uniform Civil Code (UCC) and controversies around it?

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The Uniform Civil Code (UCC) refers to a common set of laws prevailing personal matters of all citizens irrespective of their religion. UCC deals with aspects like marriage, divorce, inheritance, succession, adoption etc. The objective is to have secular law overriding religious laws that regulate these aspects for different communities. Currently, UCC is applicable only in Goa, while a bill is under discussion in Uttarakhand.

While nations like India, Malaysia, and Israel adhere to the community-specific model of personal law, Western nations like the US and France already have UCCs in existence.

One of the Directive Principles of the Indian Constitution states that the state must make an effort to provide its citizens with a Uniform Civil Code.

There are three major personal law codes in India:

*, Hindu Personal Laws: Governed by various acts like Hindu Marriage Act 1955, Hindu Succession Act 1956.
*Muslim Personal Laws: Based on their religious laws and Sharia covering marriage, succession, inheritance.
*Christian Personal Laws: Regulated by Indian Christian Marriage Act 1872 and Indian Succession Act 1925.

Why is UCC controversial?

UCC is controversial as it pitches group rights against individual rights.

While UCC is perceived as granting people the right to demand equitable treatment, it is also perceived as an infringement on a group or community's ability to establish its own laws regarding things like inheritance and marriage.

Supporters contend that secularism entails treating all citizens equally, regardless of their religious affiliation. Therefore, they contend, it is unjust for the government to penalize one person for a crime for which another citizen is exempt from punishment simply because their philosophies vary.

Those who are against UCC also utilize secularism to support their positions. Secularism, according to them, entails allowing adherents of all religions to fully pursue their traditions and views while also requiring respect for each and every one of them. The state will obstruct people attempting to adhere to religions with norms that differ from the UCC, claimcritics.

Those who oppose the UCC also worry, though without any substance, that, under the pretense of enforcing a uniform code, the government would restrict the rights of other communities while only permitting the majority Hindu community to adhere to its traditions and customs.

Judicial lack of consistency on this matter has also added to the confusion and controversy. Courts in India have given contradictory rulings.

(With inputs from agencies)