Instead of projecting a misleading view about the UCC, DW should know that it aims to provide protection to vulnerable sections as envisaged by the father of the Indian Constitution, Bhimrao Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity

Claim:

DW, the German broadcaster said there is concern that the UCC will be used by India's government to further entrench policies favouring India's Hindu majority.

Counter:

The Uniform Civil Code (UCC) proposes to replace the personal laws that are based on the scriptures and customs of each religion. It resonates with one country, one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

In India, the issue of the Uniform Civil Code emerged into political discourse when some Muslim women, affected by the personal laws, knocked the doors of the Supreme Court for claiming their fundamental rights of equality and liberty.

It's been seen that women are the first victim of any form of violence. Women in India are also suggestive of the fact that personal laws of their religion have never been in their favour, hence they face discrimination. Men are bestowed with a position superior to women in almost all religions with regards to matters of inheritance or succession. Women in India believe that if the Uniform Civil Code is implemented it will bring both men and women at par hence slashing out the discrimination of genders.

Though the criminal laws as well as the civil laws are same for all but biases and discrimination come into play only in case of personal laws. Experts are of the opinion that when the UCC gets implemented, all citizens of India will get to share the same set of Personal laws hence reducing the chances of politicisation of issues of the discrimination. The UCC will also remove the special privileges a person of a particular community enjoys based on the personal laws of their religion.

In Hinduism, personal laws are applicable to legal issues related to inheritance, succession, marriage, adoption, co-parenting, obligations of sons to pay their father’s debts, the partition of family property, maintenance, guardianship, and charitable donations. In Islam, personal laws apply to matters relating to inheritance, wills, succession, legacies, marriage, wakfs, dowry, guardianship, divorce, gifts, and pre-emption taking roots from Quran.



Claim:

The DW quotes India’s criminal lawyer Rebecca Mammen to say that UCC could provide a vehicle to further alienate minority communities amid a growing climate of intolerance and prejudice.

Counterclaim:

It is an erroneous projection about the UCC. On the contrary, the UCC could be a vehicle of unity among citizens divided along religious and faith lines. What one should not overlook about the UCC is that it aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Sharia law, and others. The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.



Read in details about UCC in Business Standard: