Published on: November 20, 2021

UNIFORM CIVIL CODE

UNIFORM CIVIL CODE

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Barki Saria Allahabad High Court has called upon the Central Government to forthwith initiate the process for implementation of Uniform Civil Code

ABOUT UCC

  • Generic set of governing laws for every citizen without taking into consideration the religion.
  • Article 44 of the Constitution – there should be a Uniform Civil Code.

NECCESITY

  • Help the cause of national integration
  • Remove disparate loyalties to laws which have conflicting ideologies

Uniform Civil Code – fundamental right to religion

  • Article 25 – individual’s fundamental right to religion
  • Article 26(b) – right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
  • Article 29 – right to conserve distinctive culture.
  • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to fundamental rights, but a group’s freedom under Article 26 has not been subjected to other fundamental rights
  • In the Constituent Assembly, fundamental rights sub-committee headed by Sardar Vallabhbhai Patel held that the provision of Uniform Civil Code was outside the scope of fundamental rights and therefore was made less important than freedom of religion.