This Article is written by P. Anbunila, a Third-Year law student of Bharath Institute Of Law.

ABSTRACT

In this inquiry about the paper, the creator considers almost the uniform civil code. It aims to advance sexual orientation balance and guarantee to break even with rights for individuals. Uniform gracious code is critical and a continuous point for dialog and wrangling in numerous nations including India. It is the proposition in India that defines and actualizes all individual laws based on traditions. A uniform civil code is the common set of all traditions and looks for not as it were between the devout but also inside the religion. It points to defending all these reservation communities. The guidelines and rules would have been done with legitimate thought when there is a distinctive legacy and religion throughout the nation. In a few nations uniform civil code is regular and gets part of the benefits from the government to the people. A uniform civil code will consolidate modern philosophy around appropriation, marriage, upkeep, Legacy; and progression of the property, separate where individuals would be broken even without any segregation in the nation and it is a way to advance secularism. Here, there are a few points of interest and benefits that shield the people's respect and that are acknowledged in a few nations like the US, Pakistan, Malaysia, Indonesia, and a few more. In this paper author will investigate the multifaceted conclusions on uniform civil code.

Keywords: Society, Equal opportunities, Countries, Personal loss,

INTRODUCTION

A Uniform Civil Code (UCC) refers to the common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption, etc. It aims to replace the different personal laws that currently govern personal matters within different religions[1]. A uniform civil code was established by the constituent assembly on November 23, 1948[2]. It may not show much difference to the society. Based on their religion, the people are treated split by law and by various courts[3]. It evaluates the existing civil law relating to public policy binding on the territories. This unified set of civil codes governs the personal model of laws that satisfy themselves. This law prevails in the customary and statutory-based laws. The frequent amendments have been subjected to the official code of civil. Let's verify complicated and uncomplicated issues that derive the uniform code of civil. Uniform civil code is different from country to country; each country follows their history and traditions, customs. Some countries have similar legal aspects[4]. The citizens of India, already follow the same laws for civil and criminal law; except personal laws for marriage, divorce, and inheritance in different religions and communities. The uniform civil code's motive is to have peace and equality among countries without discrimination and to provide equal opportunities[5], and rights to all citizens of India. They should ensure rights when justice is essential which should not be biased to anyone.

HISTORY OF UNIFORM CIVIL CODE

The history of the uniform civil code started in 1837 the colonial British forced them to make uniformity and clearance in laws relating to crime, civil, contracts, and evidence.[6]. And many British recommended keeping Hindu and Muslim personal laws out of it. Since 1837 civil and criminal law have been the same for the citizens of India. Without discrimination, Hindu/Muslim personal laws are not included. After India gained independence from the British in 1947, Jawaharlal Nehru was the first prime minister of the Indian Republic.[7]. His supporters want a uniform civil code for the welfare of the country. Dr. B.R. Ambedkar is the father of the Indian constitution, who recommended a uniform civil code in the constitution of India, in 1949[8] Part-4 Directive principles of state policy, Article 44 uniform civil code for the citizens. On November 23rd, 1948[9] This article was adopted in the constitutional assembly after a long-spirited debate. The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

BENIFITS OF UNIFORM CIVILCODE

A uniform civil code offers immense potential benefits, which promote equality among all citizens.[10]. It ensures that everyone has their customs. A uniform civil code helps the country to eliminate discrimination among religion and caste. Promoting a creative more modernized society uniform civil code will also reduce the pressure of the legal frame of marriage, divorce, and inheritance in their religious personal laws.[11]. This civil code will be simple and bring clarity in law easily which is accessible to all the citizens of India. It helps to understand the rights and obligations clearly of the people. Laws will be fair and equally just and it won't be biased. Promote general awareness about the rights and responsibilities, getting strengthened in the nation. A uniform civil code will be helpful in the outlook of society, and governance and promote the modern country. Having the same rights and protection for everyone creates an efficient and effective system.[12]. It helps the gap to be full between different communities and brings unity among the citizens.

PERSONAL LAWS RELATED TO UCC

HINDU PERSONAL LAW:

Hindu personal law is based on marriage, divorce, inheritance, maintenance, and Adoption. Parliament passed four Important Acts to Hindu laws. In the 1950s the first step was taken towards the uniform civil code. The term "HINDU" also includes Buddhists, Jain, and Sheikhs. Here there will be uniformity in the Hindu religion.[13].

The Hindu personal laws are:

1. THE HINDU MARRIAGE ACT, 1955.

2. THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956.

3. THE HINDU ADOPTION AND MAINTENANCE ACT, 1956.

4. THE HINDU SUCCESSION ACT, 1956.

MUSLIM PERSONAL LAWS:

Muslim personal laws cover the various aspects of Islamic rules and regulations in Marriage, divorce, inheritance, and maintenance. This law emerged from Quran laws and Islamic principles. Muslims in India are following the Shariat that is "MUSLIM PERSONAL LAW APPLICATION ACT, 1937".This is followed by all the citizens of India.[14].

CHRISTIAN PERSONAL LAW:

Christian personal law is based on Christian customs and traditions in India. The laws for Christian laws are the "INDIAN CHRISTIAN MARRIAGE ACT AND THE INDIAN SUCCESSION ACT"[15]. This law is based on marriage; divorce inheritance rights for Christians, For Christian divorce INDIA DIVORCE ACT, 1869.

PARIS PERSONAL LAWS:

THE PARIS MARRIAGE AND DIVORCE ACT OF 1936 was governed by parasites. They cover marriage, divorce, and inheritance for the community of Paris.[16].

A uniform civil code has to replace various laws that currently follow and apply to the different religions and communities. This law is a significant implication of a uniform civil code. When a uniform civil code is implemented there will be the same set of personal laws for the citizens of India. And they will have equal rights to men and women. Because religion and community follow their customs and traditions with this practice and rules which followed in the ancient period of their religion.

CONSTITUTIONAL PERSPECTIVE ON UCC

This should be referred to as a common set of laws governing the civil rights of every citizen in a uniform civil code The law will be government personal law subjects such as marriage, inheritance, divorce, and adoption uniformly across the community. Dr. B.R. Ambedkar is the father of the Indian constitution, who recommended a uniform civil code in the constitution of India, in 1949. Part-4 Directive principles of state policy, Article 44 Uniform civil code for the citizen[17] The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

BENEFITS OF UCC

A uniform civil code offers immense potential benefits, that promote equality among all citizens. It ensures that everyone has their customs. A uniform civil code helps the country to eliminate discrimination among religion and caste. Promoting a creative more modernized society uniform civil code will also reduce the pressure of the legal frame of marriage, divorce, and inheritance in their religious personal laws. This civil code will be simple and bring clarity in law easily which is accessible to all the citizens of India. It helps to understand the rights and obligations clearly of the people. Laws will be fair and equally just and they won't be biased. Promote general awareness about the rights and responsibilities, getting strengthened in the nation. A uniform civil code will be helpful in the outlook of society, and governance and promote the modern country. Having the same rights and protection for everyone creates an efficient and effective system. It helps the gap to be full between different communities and brings unity among the citizens.

UCC THROUGH THE WORLD

A uniform civil code is all about equality and there shall be equal opportunity and freedom for all citizens without discrimination among caste, sex, descent, place of birth, race, or color. Uniform civil code was implemented in some countries and the countries are France, Indonesia, Turkey, Tunisia, the US, etc.[18].

1. INDONESIA: In Indonesia both male and female legal age of marriage was 19 years and above. And for divorce, the spouse has the right to claim the divorce when it's essential. Sharing their inheritance property among the genders without any discrimination[19].

2. TUNISIA: Women have wellbeing protection and rights compared to traditional Shariah interpretation. After completion of 18 years, both males and females have the right to marriage without any exceptions. Tunisia has a personal law for divorce and the wife has the right to divorce without the consent of her husband when it is necessary. After the independence of Tunisia from France, a uniform civil code was implemented in 1956. Uniform civil code is also known as "Code Du statut personnel" in Tunisia[20].

3. FRANCE: France has been implementing this code since ancient times, and it has various aspects and personal laws that are common to the people of France. Marriage, divorce, and inheritance rights have the common set of laws, and it was established in the 19th century, And enacted on March 21, 1804. The uniform civil code is also known as code civil (or) the Napoleonic code[21].

4. TURKEY: Turkey abolished Islamic legal provisions and introduced a common secular legal system without any discrimination among people. The uniform civil code is also called as "Turkish civil code", Turkey's civil code was adopted in 1926. Most Muslim countries follow the uniform civil code that emphasizes equality without discrimination Indonesia, Tunisia, Azerbaijan, Jordan, etc. Countries that follow one personal law for the entire region (or) community and no separate law for separate religion (or) community[22].

WHY UCC IS CONTROVERSIALTOPIC

The uniform civil code is a controversial topic and debate topic. Because India is a secular country. All the citizens of India had their own religion and different customs. While a uniform civil code is implemented in India personal law changes are required. There are different perceptive among different people in India about the controversial topic which is the uniform civil code. It is a complex taste with significant implications in the country. A uniform civil code aims to promote gender equality, women's protection, and equal opportunities for everyone, all citizens will share the same set of personal laws.

ACCEPTANCE OF UCC BY FEW STATES IN INDIA

GOA: Goa is the "FIRST STATE IN INDIA TO HAVE A UNIFORM CIVIL CODE". A uniform civil code was implemented in Goa in the year 1961. Parliament enacted the new law for Goa, and that law is similar to the Portuguese civil code of 1867. The uniform civil code is also known as the "Goa civil code" (or) Goa family code in Goa, and this is applied to everyone who is in Goa. And they are called Goans. Now there is no separate law, one common law applies to all Goans.

UTTARAKHAND: In 2024 parliament passed a new bill to Uttarakhand that's Uttarakhand Uniform Civil Code Bill. It was the first state that was in India that implement a uniform civil code. As per the uniform civil code one common law for everyone except schedule tributes. All religions have the right to adopt a child. Legal age of marriage Men 21 years, women 18 years. Equally right to claim inheritance. Then the couple who were in a live-in relationship has to register if it is not done then they want to pay twenty-five thousand (or) the couple will be arrested for three months. A child born in in relationship is considered a legitimate child.

CONCLUSION:

The complicated decision may be revealed through the challenges that are implemented in uniform civil code. The uniform gracious code has consistency with the citizens of India and the uniform principles are marriage, divorce, and legacy rights ought to be required without any inconsistency and clashes. In the 2017 national overview, 38% of respondents bolstered the uniform respectful code in India. In that the more youthful era needs a uniform respectful code for the fulfillment and trust of the nation, A Uniform civil code blocks the freedom of the person, and their fundamental rights are damaged. After the usage of the gracious code, there will be equity and balance in the rules and controls, which will have uniform laws for all citizens.

REFERENCE:

1. https://sansad.in/getFile/BillsTexts/LSBillTexts/Asintroduced/266%20of%202019%20as.pdf?source=legislation

2. https://www.ijnrd.org/papers/IJNRD2312075.pdf

3. https://timesofindia.indiatimes.com/readersblog/mywriteexpress/uniform-civil-code-ucc-positive-response-towards-equality-and-progress-56242/

4. https://www.deccanherald.com/india/uniform-civil-code-states-that-spoke-about-its-implementation-2885852

5. https://www.drishtiias.com/daily-updates/daily-news-editorials/india-s-uniform-civil-code-conundrum

6. https://www.business-standard.com/about/what-is-uniform-civil-code

[1] Indian Constitution, Article 44.

[2] Constituent Assembly Debates, November 1948.

[3] Indian Law Commission Report.

[4] Comparative Legal Systems on Civil Codes.

[5] Law Commission Report, India.

[6] British Legal Reforms in India, 1837.

[7] Nehru's Vision for UCC.

[8] Indian Constitution, Article 44.

[9] Constituent Assembly Debates.

[10] Law Commission Report on UCC Benefits.

[11] Simplification of Legal Frameworks under UCC.

[12] National Unity and UCC.

[13] Hindu Personal Law Reforms.

[14] Muslim Personal Law Application Act, 1937.

[15] Indian Christian Marriage Act.

[16] Parsi Marriage and Divorce Act, 1936.

[17]Indian Constitution, Article 44.

[18] International UCC Comparisons..

[19] UCC Implementation in Indonesia

[20] UCC in Tunisia and Women's Rights.

[21] Napoleonic Code in France.

[22] Turkish Civil Code, 1926.