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Is a uniform civil code essential for secularism? In the light of the given statement discuss the need for a uniform civil code and the arguments against it.
Reading List :-
1.
http://www.thehindu.com/opinion/open-page/uniform-civil-code-will-it-work-in-india/article6625409.ece2.
http://www.thehindu.com/news/national/secularism-begins-with-uniform-civil-code-romila-thapar/article7806714.ece[Hint: Please prepare this issue, a very likely topic. We have filtered out all useless topics from Issue debates and are only focusing on what is really important for Mains. We will also include issues from Economic Survey that are likely to come, as happened last year]
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Comments
secularism in india refers to non interefence of state with religious affairs and equal respect to all religions but it has led to following consequences.
1.violation of art 14: the lack of equal treatment for all individuals before law when it comes to personal issues like property,marriage ,etc.
2.divise feeling:as different religions are having different laws ,the feeling of diviseness is increasing among different religious groups.
3.patriarchial nature:many personal laws are patriarchial in nature.it promotes gender inequality.eg:in some religions polygamy is allowed which is inturn leading to exploitation of women.
4.politicisation of religion:this differences is utilised by many politicians to attract the vote bank
5.interreligious marriage:no personal laws allows interreligious marriage .thus we could find increasing incidents of violences with respect to these marriages as there is no legal protection for them.
6.promotion of communalism:the feeling that each religion is different and the intersts of one religion cant be the same for another is getting promoted with these personal laws inturn leading to communalism.
all these problems pose a huge challenge to the secular nature of our country.thus ucc which integrates all personal laws into one can help in facing these challenges.
but the even ucc has some problems
1.mere law change cannot bring differences in the society.eg:Hindu inheritance act.it has brought no significant change in the property held by women
2.homogenisation of laws may lead to imposing majority view on minorities.
3.may inturn lead to hurting the religious feelings of many individuals thus inciting violences and hatred towards the govt.
@rashmi123 One thing you could do is add a one line conclusion to it, so that it doesn't end abruptly.
There are opposing voices on whether UCC is necessary for improving the secular fabric of a country or not.
Those who support UCC often argue that the current system unduly favours few communities and its not true secularism but is rather pseudo secularism or minority appeasement.Many say that women are being discriminated against in the personal laws especially in issues related to divorce, marriage and inheritance.Examples being muslim personal law allows a muslim to marry 4 women, where as others dont.Divorce under Shariat law and compensation awarded to such women are discriminatory and site other fundamental rights under Article 14, 19,21 etc.
But those who oppose UCC , contest that it is unnecessary infringement on their religious and cultural rights and violate their fundmental rights .Many site that there are laws like special marriage act and Hindu succession act etc which are there for those who want uniform code and separate UCC is not needed.They also contest that the Mohammaden (Shariat ) law isnt imposed on every one and only those who voluntarily opt for it.They also contest that there are various forms of marriages and norms across the country and its wrong to impose one particular view on them. Also they are worried about the very definition of UCC and its still not clear what UCC would actually cover.
Whether UCC is applied or not, there should be an informed debate on the same before any decision is taken on the same.Currently only Goa is having a UCC , which is being continued from portugese.Also Islamic countries like Tunisia has restricted polygamy, so such acts in those countries need to be studied first to find out what is religious and what is not.Both religious
There are both supporting and opposing voices on whether UCC is necessary for improving the secular fabric of a country or not.
Those who support UCC often argue that the current system unduly favours few communities and its not true secularism but is rather pseudo secularism or minority appeasement.Many say that women are being discriminated against in the personal laws especially in issues related to divorce, marriage and inheritance.Examples being muslim personal law allows a muslim to marry 4 women, where as others dont.Divorce under Shariat law and compensation awarded to such women are discriminatory and site other fundamental rights under Article 14, 19,21 etc being violated.
But those who oppose UCC , contest that it is unnecessary infringement on their religious and cultural rights and violate their fundmental rights .Many site that there are laws like special marriage act and Hindu succession act etc which are there for those who want uniform code and separate UCC is not needed.They also contest that the Mohammaden (Shariat ) law isnt imposed on every one and only those who voluntarily opt for it.They also contest that there are various forms of marriages and norms across the country and its wrong to impose one particular view on them. Also they are worried about the very definition of UCC and its still not clear what UCC would actually cover.
Whether UCC is applied or not, there should be an informed debate on the same before any decision is taken on the same.Currently only Goa is having a UCC , which is being continued from portugese.Also Islamic countries like Tunisia has restricted polygamy, so such acts in those countries need to be studied first to find out what is religious and what is not.Both religious and cultural rights as well as fundamental rights are important but there should be balance between the both after consensus and informed discussion or else there is a possibility of alienating the minority communities in the country and they may say it as majoritariansim.
UCC implies the uniformity of laws and customs that are very personal to the civilians. Religions in India are isolated and segregated having distinct set of rigid practices, rules and conduct. UCC attempts to stremline it. It will also strengthen the concept of secularism in India.
Why we need UCC?
India is a cosmopolitan polity. There are great varieties of religion , faiths and customs. To smoothen the administration there is need to streamline these variations. The roots of intolerance and caste rigidness owe their origin from these social diffractions. Sometimes these social repulsions convert into social malaise like communalism.
The remedy lies with streamlining these social irregularities and inhibiting social cohesion by evolving certain personal codified laws and conduct concerning the basic behavior of an individual as an entity of society not of religion.
How it brings secularism?
Secularism stands for non religion identity of an individual. UCC attempts to achieve this by enfeebling the religion and caste rigidness, rationalizing and galvanizing civilians personal conduct and rules like marriages, ceremonies and divorce, thinning religious penetration and fundamentalism and bring uniformity in the social identity.
Present scenario
Surging intolerance, religious fundamentalism and erroneous social practices bring UCC at the focus. Subsequent judicial pronouncements and tilting of incumbent government towards UCC catalysise its efficacy and implementation.
Before implementing UCC there should be holistic and pragmatic groundwork to make it suitable and adaptive in our country. It should encompass and accommodate all the concerns of social entities basically the religious and linguistic minorities. It should not be imposed but make acceptable to the wide horizons of the country. Deliberation, discussion and consensus with involvement of civil society can bring this parity. Cross cultural and national studies can also be done to enrich the concept of UCC.
Is uniform civil code essential for secularism.
- No, uniform civil code is not essential for secularism
The reasons are as follows:
- Secularism means treating all communities alike, it also means State does not have any religion and further, State will try to stay away from religious sphere as much as possible and only interfere when public interest is at stake.
Now against these qualities of a secular state, uniform civil code can do the following:
- appear to involve itself in religious sphere of communities
- appear to put one religions views on others
Further, with respect to treating all communities alike, it can be said that reforms in specific laws which are consistent with our constitutional values of gender justice and basic human rights can be carried out. In this way equal treatment and protection of all communities can be ensured as well as their diversities can be respected. Further, once all communities have attained the basic minimal commonalities, then uniform ivil code can evolve on its own.
Thus, a uniform civil code forced from top will seem to violate secularism more than promote it. Let it naturally evolve after reforming the personal laws of communities.
However@trying_tobawesm - secularism application in Indian context adds another angle of intervening in religion in case of social welfare and reform and hence stating that point before mentioning of specific laws making solutions adds more relevancy to Indian scenario.
please elaborate on this part,,,and if u cud also provide an example,, to make things more intelligible,,,thanks
Though , there are large no advantages , if it could be implemented such as , firstly, It would lead to the integration of the country , thus lessening the differences among different religion and communitoes
Secondly, it can play a phenomenonal role in taking women out of their plightful situation and thus integrating them with par to the man .
Thirdly, it would help in generating the feeling of nationalism as all people would be treated equally irrespective of their dfferent laws in matters of marriage, divorce.
fourthly it would help in reducing the animosity , which sometimes develop, when people are treated in a bias manner.
Thus, definitely , UCC is extremely necessary for sustaing secularism which , from centuries, has remain an inherent feature of indian society .Moreover it would also help State to work more efficiently for the welfare of people because of the lucid laws