Uniform CIvil Code in India

2) Analyze the debate on Uniform CIvil Code in India. What do you think should be done in this regard. Discuss. (250 words)

The hindu

Why this question

There have been various calls for a uniform civil code in the country, right since the independence. The debate involves several issues and it is important to analyze the nature of the debate, various issues involved therein etc.

Directive word

Analyze-here we  have to examine methodically the structure or nature of the topic by separating it into component parts, and present them as a whole in a summary.

Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.

Structure of the answer

Introduction– write a few introductory lines about the  UCC in India. E.g the Constituent Assembly debates reveal a lack of consensus on what a potential uniform civil code would entail. While many thought the UCC would coexist alongside the personal law systems, others thought that it was to replace the personal law.

Body-

Discuss the issue in detail and bring out the various issues involved therein. E.g

1. Briefly discuss the Article 25 vs Article 44.
2. Discuss the need for a UCC and how imposing a UCC will affect democracy and personal freedom. E.g  The debate on the UCC is centred on the argument to replace individual personal customs and practices of marriage, divorce, adoption and successions with a common code. Those in favour of one code argue that it will end discrimination in religions. Detractors contend that it will rob the nation of its religious diversity and violate the fundamental right to practise religion enshrined in Article 25 of the Constitution. In fact, they hold that a state action to introduce the UCC is against the quintessence of democracy. The secular state is, after all, an enabler of rights rather than an inhibitor in sensitive matters of religion and personal laws etc.
3. Also discuss the opinion of the law commission in this regard. E.g the Law Commission chose codification of personal laws over the UCC as a way to end discrimination within religions. Codification of various practices and customs would make them ‘law’ under Article 13 of the Constitution. Any ‘law’ that comes under Article 13 should be consistent with the fundamental rights, the Law Commission has reasoned. This would protect the plurality of religions, too, and may be the way forward for the near future. In fact, the Law Commission has suggested in no uncertain terms that the UCC is “neither necessary nor desirable at this stage in the country etc.

Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.