One Nation, One Law | Uniform Civil Code 2023

Priya Jain
7 Jul 202315:46

Summary

TLDRThis video discusses the Uniform Civil Code (UCC) in India, exploring its potential to unify personal laws across religions and address issues like polygamy, inheritance disparities, and child marriage. It delves into historical context, legal debates, and the Supreme Court's role, emphasizing the need for equality and national integration.

Takeaways

  • 📚 The concept of Uniform Civil Code (UCC) aims to bring uniformity in personal laws across different religions in India, such as Hindu, Muslim, Sikh, Christian, and Parsi.
  • 🇮🇳 Article 44 of the Indian Constitution encourages the implementation of UCC, which is currently a Directive Principle of State Policy rather than a fundamental right.
  • 🔍 The Supreme Court has emphasized the need for UCC, but its implementation is seen as a complex task due to the diverse personal laws and cultural practices in India.
  • 🏛️ Personal laws in India are currently based on religious traditions, leading to disparities in areas like marriage, divorce, inheritance, and maintenance rights.
  • 🏆 The Hindu Code Bill was passed in 1955, marking a significant step towards uniformity in Hindu personal laws, but similar efforts for other religions have been less successful.
  • 👥 The debate on UCC often centers around issues like polygamy, inheritance rights, and maintenance claims, which vary significantly between different religious communities.
  • 📉 The Law Commission of India has previously concluded that UCC is neither necessary nor desirable at the current stage, highlighting practical difficulties in its implementation.
  • 🏢 The Indian states have differing views on UCC, with some supporting it and others opposing, reflecting the regional diversity and complexity of the issue.
  • 👩‍⚖️ The Supreme Court has intervened in personal laws in cases like the Shah Bano case and the Triple Talaq judgment, indicating that personal laws can be subject to constitutional scrutiny.
  • 🔄 The idea of UCC is not just about legal uniformity but also about promoting gender equality, national integration, and ensuring that personal laws do not infringe on fundamental rights.
  • 🌐 The discussion on UCC is ongoing, with the 22nd Law Commission recently seeking public and religious organizations' views on the matter, indicating that the debate is still very much alive.

Q & A

  • What was the status of untouchability in India before the 1950s?

    -Untouchability was legal in India until the 1950s.

  • What is the concept of Uniform Civil Code (UCC)?

    -Uniform Civil Code (UCC) refers to a law that aims to bring uniformity in personal laws across different religions in India, such as Hindu, Muslim, Sikh, Christian, and Parsi.

  • Why is the Uniform Civil Code considered necessary?

    -The Uniform Civil Code is considered necessary to address the disparities and inequalities in personal laws that vary from religion to religion, leading to issues in matters like marriage, divorce, inheritance, and maintenance.

  • What is the current legal status regarding marriage under the age of 18 in India?

    -Currently, marriage under the age of 18 is prohibited in India, except for certain religious communities where it is allowed, which is seen as an exception to the uniform law.

  • How does the Hindu Code Bill relate to the Uniform Civil Code?

    -The Hindu Code Bill, passed in 1955, was an early attempt at uniform codification of Hindu personal laws, which is a step towards the broader goal of the Uniform Civil Code.

  • What is Article 44 of the Indian Constitution?

    -Article 44 of the Indian Constitution is a directive principle of state policy that calls for the establishment of a Uniform Civil Code, aiming to bring uniformity in personal laws across all religions.

  • What are some of the differences in personal laws among different religions in India?

    -Differences in personal laws among different religions in India include the number of marriages allowed, grounds for divorce, inheritance rights, and the rights to maintenance after divorce.

  • What was the significance of the Shah Bano case in the context of Muslim personal laws?

    -The Shah Bano case was a landmark case where the Supreme Court of India ruled that Muslim women were entitled to maintenance under Section 125 of the CRPC, despite the government later overturning this judgment with the Muslim Women (Protection of Rights on Divorce) Act.

  • How did the Supreme Court's judgment on Triple Talaq affect Muslim personal laws?

    -The Supreme Court declared the practice of Triple Talaq unconstitutional, stating it was not an essential religious practice, and suggested that Parliament has the authority to address issues like Nikah Halala and polygamy.

  • What are some of the challenges in implementing the Uniform Civil Code in India?

    -Challenges in implementing the Uniform Civil Code in India include the diverse attitudes towards marriage, divorce, and inheritance across different religions, as well as the need for consensus and respect for religious diversity.

  • What is the current stance of the Indian government and judiciary on the Uniform Civil Code?

    -The Indian government, particularly the BJP, has expressed support for the Uniform Civil Code, and the judiciary has acknowledged its importance. However, the Supreme Court has stated that it is not the correct forum to enact the UCC and that it is a task for the Parliament.

Outlines

00:00

📚 Introduction to Uniform Civil Code

The video script begins by discussing the historical context of legal practices in India, particularly the issues of untouchability, polygamy, underage marriage, and gender inequality in inheritance. The host, Priya, introduces the topic of the Uniform Civil Code (UCC), emphasizing its importance in addressing these issues. The script highlights the Supreme Court's call for a UCC and the concept of uniformity in law, contrasting it with the existing personal laws that vary by religion. The Hindu Code Bill of 1955 is mentioned as an example of successful uniform legislation, and the script sets the stage for a deeper exploration of the UCC's implications and challenges.

05:01

🔍 Exploring Personal Laws and the Need for Uniformity

This paragraph delves into the specifics of personal laws in India, contrasting them with the principles of uniformity. It discusses how IPC's section 494 criminalizes polygamy for all except Muslims, who are allowed up to four marriages. The script also touches on inheritance laws, where Hindu women inherit equal shares, while Muslim women receive less. Maintenance rights for Muslim women are also highlighted as an area of inequality. The age of marriage is another point of contention, with a uniform age set by Indian law, except for certain religious exceptions. The paragraph questions whether the UCC debate is primarily a Hindu-Muslim issue and emphasizes the need to remove discriminatory laws for societal progress.

10:03

🏛️ Legal History and the Supreme Court's Role

The script explores the historical development of personal laws in India, from the Hindu Shastra and Muslim Sharia Law to the British imposition of English Common Law. It discusses the establishment of courts and the codification of laws like the Hindu Widow Remarriage Act and the Muslim Personal Law Application Act. The drafting of the Indian Constitution and the inclusion of Article 44, which calls for a Uniform Civil Code, is also covered. Key legal cases, such as the Shah Bano case and the Shayara Bano case, are highlighted to illustrate the Supreme Court's role in interpreting and shaping personal laws. The paragraph concludes with a discussion of the recent PIL filed in 2023, which the Supreme Court deemed inappropriate for judicial intervention, emphasizing that only the Parliament can enact the UCC.

15:04

🌐 Debates on Uniform Civil Code: Pros and Cons

In this paragraph, the script addresses the ongoing debates surrounding the UCC, discussing both its potential benefits and the challenges it faces. The pros include promoting gender equality, national integration, and reforming existing personal laws. The cons highlight the public perception that UCC infringes on religious freedom and the practical difficulties in implementing a uniform law across diverse religious practices. The script also discusses the Law Commission's stance on UCC, noting that it was deemed neither necessary nor desirable at the current stage. The paragraph concludes with a call to action for viewers to engage in discussions about the UCC and to share their thoughts on the topic.

👋 Conclusion and Call to Action

The final paragraph wraps up the video by encouraging viewers to share the content and engage in discussions about the UCC. It emphasizes the importance of civilized discourse and the role of each individual in contributing to a more informed and progressive society. The host also invites viewers to subscribe to the channel and follow their Instagram page, Finology Legal, for more content on similar topics. The paragraph ends with a friendly farewell, setting the stage for future discussions and content.

Mindmap

Keywords

💡Uniform Civil Code (UCC)

Uniform Civil Code (UCC) is a proposed law in India that aims to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set of laws governing every citizen. In the video, UCC is discussed as a potential solution to bring uniformity in matters of marriage, divorce, inheritance, and other personal matters across different religions. The script mentions that UCC is currently a part of the Directive Principles of State Policy (DPSP), indicating that it is a non-justiciable directive rather than a fundamental right enforceable by courts.

💡Personal Laws

Personal laws in India refer to the set of laws that govern personal matters such as marriage, divorce, inheritance, and adoption, which vary among different religious communities such as Hindus, Muslims, Christians, and others. The video script highlights the disparities in personal laws, such as the number of marriages allowed and inheritance rights, which contribute to the debate around the need for a Uniform Civil Code.

💡Article 44

Article 44 of the Indian Constitution is a directive principle that calls for the establishment of a Uniform Civil Code. The script discusses how this article was debated during the drafting of the Constitution and how it was ultimately placed under the Directive of State policies, indicating a non-enforceable aspiration rather than a legal obligation.

💡Diversity

Diversity in the context of the video refers to the cultural, religious, and social differences among the various communities in India. The script explores the tension between maintaining this diversity and achieving legal uniformity through UCC. It emphasizes that while diversity is valued, certain discriminatory practices need to be addressed, and UCC is seen as a potential tool for this.

💡Hindu Code Bill

The Hindu Code Bill was a set of laws enacted in India in the 1950s that aimed to unify and codify Hindu personal laws. The video script mentions this as an example of how personal laws can be reformed and unified, suggesting that a similar approach could be taken for other religions under the UCC.

💡Shastra

Shastra is a term used in Hinduism to refer to the sacred texts that provide guidance on religious and moral duties. In the video, Shastra is mentioned to illustrate how Hindu personal laws were traditionally interpreted by Brahmins and enforced by the king, highlighting the historical roots of personal laws in India.

💡Sharia Law

Sharia Law is the Islamic legal system based on the teachings of the Quran and the traditions of the Prophet Muhammad. The script discusses how Muslims in India have their own set of personal laws, similar to how Hindus have Shastra, and how these laws are interpreted and enforced by religious authorities like Kazis and Nawabs.

💡English Common Law

English Common Law refers to the body of law that was enforced by the British in India during colonial rule, primarily for their own subjects. The video script explains how this law was distinct from the personal laws of the Indian subjects, leading to the establishment of courts to handle disputes under different legal systems.

💡Directive Principles of State Policy (DPSP)

Directive Principles of State Policy (DPSP) are non-justiciable guidelines provided in the Indian Constitution that the state is expected to follow in governance. The script discusses how UCC is currently a part of DPSP, suggesting that it is more of a moral obligation for the state rather than a legally enforceable right.

💡Fundamental Rights

Fundamental Rights in the Indian Constitution are the basic rights that every citizen is entitled to, which are justiciable and can be enforced by courts. The video script contrasts these with DPSP, noting that UCC is currently not a part of the fundamental rights, but there is a debate on whether it could be made one in the future.

💡National Integration

National Integration in the context of the video refers to the process of bringing together diverse communities under a common legal framework to promote unity and harmony. The script suggests that UCC could potentially contribute to national integration by providing a uniform set of laws for all citizens, regardless of their religious affiliation.

Highlights

Untouchability was legal in India until the 1950s.

Discussion on the legality of multiple marriages and child marriage in India.

Inequality in inheritance rights between males and females in matters of succession.

Muslim women's inability to claim maintenance like other Indian women.

Introduction of the Uniform Civil Code (UCC) by Priya in today's video.

The Supreme Court's emphasis on bringing a Uniform Civil Code.

Article 29 of the Indian Constitution and the right to culture as a fundamental right.

Uniformity in laws in India except for personal laws, which vary by religion.

Article 44 and the concept of Uniform Civil Code for all religions in India.

The challenge of implementing a Uniform Personal Law in a diverse country like India.

Historical context of personal laws in India, including Hindu and Muslim laws.

The role of the British in enforcing English Common Law and the impact on personal laws.

The drafting of the Indian Constitution and the debate over including the Uniform Civil Code.

Examples of differences in personal laws in India, such as marriage, divorce, and inheritance rights.

The debate on whether UCC is a Hindu-Muslim issue and the potential for societal radicalization.

The Supreme Court's role in interfering with personal laws and the landmark cases of Shah Bano and Shayara Bano.

The recent PIL filed in the Supreme Court regarding the UCC and the court's response.

The 22nd Law Commission's public consultation on UCC and the previous 21st Law Commission's report on the necessity of UCC.

The potential for reforming personal laws without implementing UCC and the importance of respecting diversity.

The distinction between fundamental rights and Directive Principles of State Policy in the context of UCC.

Pros and cons of the Uniform Civil Code, including potential for gender equality and national integration.

Transcripts

play00:00

Till the 1950s, Untouchability was legal in India.

play00:03

You tell me, on today's date

play00:05

let it be exceptional

play00:05

I'm talking about in the rarest of the rare situation

play00:08

Should it be legal for a person to do 4 marriages?

play00:11

Should it be legal to marry under 18 years old?

play00:15

In the matters of Succession and Inheritance

play00:17

Females will get less than half in comparison with males.

play00:20

Should this be legal?

play00:22

And a Muslim women

play00:23

cannot claim Maintenance like rest of the Indian women.

play00:27

Why this should be acceptable?

play00:28

All this and many more like this

play00:31

unasked questions

play00:32

we will discuss in today's video.

play00:34

Hey everybody, I am Priya

play00:36

and in today's video

play00:37

we are going to talk about Uniform Civil Code.

play00:40

Either this comes

play00:41

or not

play00:42

nut the problems going on in the country

play00:43

it's important to discuss those.

play00:45

Let's start today's video.

play00:46

"The Supreme Court has a lot of time emphasized"

play00:48

"It says"

play00:49

"bring Uniform Civil Code."

play00:51

"Article 29"

play00:54

"Right to culture is a Fundamental Right."

play00:59

"Think about it many times"

play01:00

"that no storm should come anywhere"

play01:02

"if they took any steps on it."

play01:09

In India, all of the laws are applied the same.

play01:11

If I have done a murder or you have done a murder

play01:14

the punishment will be the same.

play01:15

This is called Uniformity.

play01:16

There are already a lot of uniform laws existing in India

play01:19

whose biggest example is Constitution Of India.

play01:22

Besides this Contract Act, IPC, CPC

play01:24

there are many laws.

play01:26

This uniformity's single exception is Personal Laws.

play01:28

Which varies from religion to religion.

play01:30

Currently, in India there are

play01:31

Hindu, Muslim, Sikh, Christian, Parsi

play01:33

all of them have different personal laws,

play01:35

which causes a lot of problems.

play01:36

So, at this point

play01:37

let's understand what is Uniform Civil Code.

play01:39

So Article 44, meaning UCC

play01:41

meaning Uniform Civil Code

play01:43

is such a law for Hindu, Muslim, Sikh, Christian, Parsi, all of them

play01:47

talks about bringing an Uniform Personal Law.

play01:50

But a country like us

play01:51

where there are 110 Crore Hindus

play01:53

20 Crore Muslims

play01:54

4 Crore Christian, 3 Crore Sikh.

play01:56

In such case

play01:57

would it be so easy to bring a Uniform Personal Law

play01:59

Actually, this statement is not entirely true.

play02:01

Because, even at the time of Independence

play02:03

Hindus were in the majority.

play02:05

So in the 1950s

play02:06

when new freedom was found,

play02:08

new country was made,

play02:09

new partition happened

play02:10

new diversity, everything new.

play02:12

Even with this much problems

play02:13

in 1955

play02:15

Hindu personal code was passed.

play02:17

Meaning

play02:17

Yes, in 1955

play02:19

Hindu personal laws uniform codification was done.

play02:22

How was this possible?

play02:23

Because at this moment the Supreme Court says that

play02:25

"If you have to bring any laws"

play02:27

"then all the stakeholders there"

play02:28

"you should consultate with them and take feedback."

play02:31

But there was no such system in the 1950s.

play02:33

So, what happened in the 1950s?

play02:34

Elections were fought.

play02:35

It was said in the election

play02:36

that, "If we win and come into power"

play02:39

"then we will pass the Hindu Code Bill."

play02:40

They won the election.

play02:41

Winning the election was considered the consent

play02:44

that the Hindu Code Bill should be passed.

play02:45

And Hindu Code Bill came like this.

play02:47

Like for example

play02:48

BJP in their election manifesto

play02:51

has also talked about UCC many times.

play02:52

BJP has also won the election

play02:55

but can they take this election win

play02:56

as a consent to implement UCC.

play02:58

Let's understand it further.

play03:00

Let's understand the history of personal laws in India.

play03:04

Here the Hindu and Muslim angle

play03:06

and in the middle the British angle, we will understand it all.

play03:08

So the Hindu had Shastra.

play03:10

Whose interpretation was done by Brahmins

play03:12

and executed by the King.

play03:14

No which type the case is

play03:16

the answer for them all was given in the Shastra.

play03:18

Similarly, the Muslims had Sharia Law.

play03:20

which was interpreted by the Kazis

play03:21

and the Nawabs executed it.

play03:23

Now, when the East India Company came

play03:26

they enforced English Common Law on their English subjects.

play03:29

For which courts were established.

play03:31

But when it came to solving the dispute of the Indian subjects

play03:34

then the question arose

play03:36

that which law would be followed.

play03:38

Both Brahmins and Qazis

play03:40

were called to interpret the Shastra and Sharia law.

play03:43

Then till 1862

play03:44

high courts were established in different parts of India.

play03:48

And many different religious laws were also being made

play03:50

like Hindu Widow Remarriage Act

play03:52

Hindu Women's Right to Property Act

play03:54

Hindu Inheritance Act, etc.

play03:56

Similarly, laws were also codified for Muslims.

play03:59

Like Muslim Personal Law Application Act

play04:01

Dissolution of Muslim Marriage Act, etc.

play04:03

Meaning understand that, till 1946

play04:06

until the Indian Constitution's drafting a committee was set up

play04:08

this was the progress till then.

play04:10

Now, let's understand that

play04:11

in the Indian Constitution

play04:13

how did Article 44 come?

play04:15

When the drafting committee was set up

play04:16

a plan was made to bring in the Uniform Civil Code

play04:19

and a lot of debate was done on it.

play04:21

The draft had UCC in Article 35.

play04:24

During the discussion, Mohammad Ismail

play04:26

asked to add a proviso in this Article 35.

play04:29

Which says that

play04:30

"On any group, section or community"

play04:32

"will have any obligation to give up their personal law."

play04:36

Some members said that

play04:37

UCC should be a part of Fundamental Rights.

play04:40

And some opposed it.

play04:42

And finally, with a majority of 5:4

play04:45

it was decided that Uniform Civil Code

play04:48

will be kept under Directive of State policies.

play04:51

And when the constitution was enacted

play04:53

then UCC was covered under Article 44.

play04:56

After this, a very intelligent question will be to asked that

play04:59

what are those areas

play05:01

where do we want uniformity?

play05:02

Because only when we know this

play05:03

only then we can make uniform laws.

play05:05

So, I will tell you with some examples that

play05:07

how different are the personal laws in India now.

play05:09

Here, the first one is

play05:11

IPC's section 494.

play05:12

Which says that "While having a living spouse"

play05:15

"If someone does a second marriage, then it is a crime."

play05:18

There is only one exception to this uniform law

play05:20

that if a man is a Muslim

play05:21

then he can do upto 4 marriages.

play05:22

That's an exception to our penal laws.

play05:24

Now, uniformity cannot come here like

play05:26

that you can do as many marriages as you want.

play05:28

No

play05:28

The progressive world is monogamous

play05:30

so uniformity will also come in that line.

play05:32

After this, in Hindu law

play05:33

illiterate breakdown of marriage is not a valid ground for divorce.

play05:37

Next

play05:37

Hindu women inherit equal Share in a property.

play05:40

Where Muslim women, compared to male relatives

play05:42

can inherit less than half the share.

play05:45

After this, Muslim women cannot claim maintenance

play05:47

for a long time like other Indian women.

play05:50

And the most important difference which I think is this

play05:53

that Indian law

play05:53

prescribes a uniform age for marriage for all religions.

play05:57

Which is 18 and 21 years.

play05:59

And this is also being talked about to increase for development.

play06:02

If marriage is done under this

play06:04

then it is child marriage and it is prohibited.

play06:07

But one religion is allowed.

play06:08

There are many other examples of different religions

play06:11

which are applied separately.

play06:12

But one minute, one minute

play06:13

is UCC a Hindu-Muslim debate?

play06:15

Is society being radicalized by talking about UCC?

play06:19

If I say it in a very simple way

play06:22

then this whole issue is

play06:23

to remove such laws from the society

play06:26

which are discriminatory, and derogatory.

play06:28

Which without any law or logic, are clearly wrong.

play06:31

Like for example, we removed untouchability.

play06:34

Imagine, at that time

play06:36

while a removing social evil like untouchability

play06:38

if legislators were asking everyone

play06:40

that, "We are removing untouchability"

play06:42

"it's not harming your religion, right?

play06:43

Doesn't it feel so weird?

play06:45

It's high time we realize

play06:46

that they are legislators, not people pleasers.

play06:48

The next very important question is that

play06:50

who is supreme in Personal law and Constitutional law?

play06:53

And can the Supreme Court interfere in Personal laws?

play06:56

To find out the answer to this question

play06:57

we have to look at some important cases of personal laws.

play07:00

So if we look at some interesting cases

play07:02

from the beginning of Indian legal history

play07:04

then there's a very important case in 1952

play07:06

in which a man was punished for Bigamy

play07:08

which means to get married twice under this law.

play07:11

Convict said that

play07:12

this punishment and law is against my religion.

play07:15

How?

play07:16

Because I didn't have a son from my first wife

play07:18

and according to my religion

play07:19

if my son doesn't do my last rites, I won't get salvation.

play07:22

And Hindu religion at that time used to say that

play07:24

if you are not getting a son from your first wife

play07:27

then you do a second marriage.

play07:28

The court rejected all the arguments

play07:30

declared the act valid and punished the person for Bigamy.

play07:34

At this point, let's see some important cases of Muslim law also.

play07:37

At this point, the most important

play07:39

the most landmark case is Shah Bano case.

play07:42

In this case, Shah Bano after 40 years of marriage

play07:44

and after 5 children was given divorce.

play07:46

So, in Indian law, there is a provision

play07:48

CRPC's section 125

play07:50

which provides maintenance protection to Indian women.

play07:53

After divorce, Shah Bano

play07:55

also claimed maintenance under section 125.

play07:57

But her husband

play07:58

filed an appeal against this maintenance.

play08:01

The 5 judges' bench of the Supreme Court

play08:03

and that is why it is called a landmark case.

play08:05

Supreme Court clearly stated that

play08:08

"Even Muslim women are entitled"

play08:10

"to protection under section 125 of CRPC."

play08:13

Along with this, it also stated by commenting on Article 44

play08:16

that "if a uniform civil court comes"

play08:18

"then it will work for national integration"

play08:20

"will provide better solution in the time of conflicting ideologies."

play08:24

Such a progressive judgment

play08:26

the government at that time overturned it, changed it

play08:29

by passing the Muslim Women Act.

play08:31

This act states that Muslim women

play08:33

cannot claim protection under Section 125

play08:36

they cannot demand maintenance under CRPC.

play08:39

If we talk about recent times

play08:40

then the most important case is

play08:42

Shayara Bano's, which is also called Triple Talaq judgment.

play08:44

In this case, Shayara Bano's husband

play08:46

pronounced Triple Talaq and divorced her.

play08:50

Against which Shayara Bano

play08:51

filed a writ petition in the Supreme Court

play08:53

and challenged three practices of the Muslim law.

play08:56

Nikah Halala

play08:57

Polygamy and Talaq e biddat.

play08:59

Saying that these three practices

play09:01

they are derogatory and discriminatory.

play09:03

Against which All India Muslim Personal Law Board said that

play09:07

because Muslim personal law is not codified

play09:10

it should get the protection under Article 25 of the constitution.

play09:13

Meaning it cannot be done.

play09:15

Meaning

play09:16

the Muslim personal law cannot be challenged constitutionally.

play09:19

In this case, the Supreme Court

play09:20

with the majority of 3:2

play09:22

declared Talaq e biddat or triple talaq as unconstitutional

play09:25

because it is not an essential religious practice.

play09:28

Along with they said that

play09:29

if the Nikah Halala and polygamy

play09:31

also have to be declared unconstitutional

play09:33

then the Parliament has the correct authority.

play09:36

Cut to 2023.

play09:37

In March, when a PIL was filed in front of the Supreme Court

play09:40

to get the UCC passed

play09:42

then the court said that

play09:43

The court is a wrong forum to enact the UCC.

play09:47

Only the Parliament can make a law on this.

play09:49

Recently, Prime Minister Narendra Modi said that

play09:51

India also needs a uniform civil court.

play09:54

And always

play09:55

in the BJP's election manifesto

play09:57

it has been promised to be implemented.

play09:59

Along with this, India's 22nd Law Commission

play10:03

from public and religious organizations

play10:05

has asked for views and ideas on UCC.

play10:08

Those who are interested

play10:09

they till 14th July.

play10:10

can tell their views.

play10:12

But the previous 21st Law Commission

play10:15

examined UCC in 2018

play10:18

and also asked for views from stakeholders.

play10:20

Then in the report, the Law Commission called UCC

play10:23

neither necessary nor desirable at this stage.

play10:26

This previous commission

play10:27

highlighted many practical difficulties.

play10:30

Like

play10:31

in Hindu law where marriage is considered as holy sacrament

play10:33

there in Christian law

play10:35

divorce is still stigmatized.

play10:36

In Muslim law marriage is a contract

play10:38

and in Parsi laws

play10:39

registration of marriage is a very important ritual.

play10:42

It is very important to respect all these attitudes

play10:45

and one religion cannot be imposed on another.

play10:48

And if no consensus comes in UCC

play10:51

then the only way to move forward

play10:54

is to make changes in personal laws.

play10:56

So that diversity is preserved

play10:58

and at the same time to ensure that

play11:00

personal laws do not contradict with fundamental rights.

play11:03

It is also suggested that instead of bringing UCC

play11:06

we can remove the problems in existing personal laws

play11:09

and make them gender-just.

play11:12

Can I ask a trick question?

play11:13

Can all these problems be solved without bringing UCC?

play11:16

Without passing any law.

play11:18

I think yes.

play11:19

We need to understand that

play11:20

state has the power of the whole universe

play11:22

that they can remove any social injustice.

play11:25

For example, when Hindu code bill was brought

play11:27

then state by using all of it's powers

play11:29

removed all the problematic parts.

play11:31

Then to modify the Muslim law

play11:33

why UCC is so especially needed?

play11:35

I think, national interest come on the very top.

play11:37

Basic human rights of citizens are very important.

play11:40

Dignity of individual is very important.

play11:41

If we even think of bringing UCC

play11:44

then also desired result can be achieved.

play11:46

I feel that state should filter all the personal laws

play11:49

according to today's day and age.

play11:51

And all those practices

play11:52

which are derogatory, discriminatory,

play11:53

which are against social justice

play11:55

should be declared unconstitutional

play11:57

Did I become a little affirmative and strict tone?

play12:00

It happens sometimes with me.

play12:01

Let me try one more time.

play12:02

According to me, with the arrival of UCC

play12:04

or by Supreme Court's interference in personal law

play12:07

there is no danger to diversity.

play12:09

It will not end the diversity.

play12:11

For example, uniformity does not mean that

play12:14

everyone will have to take 7 rounds to get married.

play12:16

Uniformity in the sense of marriage can mean that

play12:19

from now on everyone will have to register their marriage.

play12:21

And we already have a lot of uniform

play12:23

like the Constitution and the contract.

play12:25

Does Article 14

play12:26

meaning with the arrival of equality in the country

play12:27

did people feel that diversity is in danger?

play12:29

No

play12:30

Does it mean that people feel that diversity is in danger

play12:32

because of equal pay for equal work?

play12:33

No

play12:33

So why does it seem for UCC?

play12:35

See, it is very important to understand that

play12:37

Constitution is supreme

play12:38

and personal law has to be changed according to the Constitution.

play12:41

If we sit to change the Constitution

play12:43

according to every personal law

play12:45

then no Constitution will be left.

play12:47

Plus

play12:48

it is also very important to understand

play12:50

that in which manner a law is being introduced.

play12:53

We have seen in the time of CAA

play12:55

Farm Law and ongoing Manipur Governance time

play12:57

that as important is to make a law

play12:59

it's that much important that how the law is introduced.

play13:03

So, we also need to pay special attention to this.

play13:05

The most flop-side of the UCC that is coming out

play13:08

that the Uniform Civil Code, UCC

play13:09

is a part of the Directive Principle of State Policy (DPSP).

play13:12

Meaning, like normal fundamental rights

play13:14

you cannot enforce them on the court.

play13:16

So, how true is this statement?

play13:17

To understand this

play13:18

we need to understand the difference

play13:20

between fundamental rights and DPSC.

play13:22

So, when the country was getting independent

play13:23

then we had a lot of limitations in front of us.

play13:25

Economic limitations, social, cultural, a lot of problems.

play13:28

So, at that time, all the important rights

play13:30

we guaranteed and protected them under fundamental rights.

play13:34

And we thought that as the country develops and progresses

play13:37

we will adopt new rights.

play13:39

So, which will be those rights?

play13:40

We wrote them in DPSP.

play13:41

It's biggest example is Right to Education.

play13:44

So, for the longest time

play13:45

legislators and commissions felt that

play13:47

that the country has not developed, progressed enough

play13:50

that we can provide provide free and compulsory education.

play13:53

Then they understood that

play13:54

until we don't make education compulsory

play13:56

the country will also not progress.

play13:58

And as soon as this was realized

play13:59

an amendment was made

play14:00

and the right to education was incorporated in fundamental rights.

play14:04

So, as the country progresses

play14:06

new rights are adopted.

play14:08

So, what do you think

play14:09

can the Uniform Civil Code also

play14:10

be made a Fundamental Civil Right.

play14:12

Let's see some generally discussed

play14:15

pros and cons on Uniform Civil Code.

play14:17

So, the biggest con is the mass perception about this law.

play14:20

That UCC is against people religious freedom.

play14:24

This is a sensitive task.

play14:25

Then it's very important how this law is being introduced

play14:29

And in what manner it will be implemented is also important.

play14:33

Because of diversity

play14:34

practical difficulties can come in the execution.

play14:36

And without the help of the state

play14:38

it can be difficult to fully implement these laws.

play14:41

The Indian states are very divided regarding UCC.

play14:44

These are all those states

play14:45

who are supporting UCC.

play14:47

And these are those states that are opposing it.

play14:50

If we talk about the pros

play14:52

then it will provide gender equality.

play14:54

To provide equal status to all the citizens.

play14:56

To promote national integration.

play14:59

And in existing personal laws

play15:00

will give the scope to bring reforms and transformation.

play15:03

So this was today's video on Uniform Civil Code.

play15:06

I hope that you've learned something new from today's video.

play15:09

If yes, then definitely share this video

play15:11

with your friends and family.

play15:13

All of the things said in this video

play15:15

just don't stop there.

play15:16

Talk with people

play15:17

discuss conflicting questions.

play15:19

But in a civilized way.

play15:21

Because we are a part of a civilized nation.

play15:22

So let's behave like one.

play15:24

And it took a lot of hard work to make this video.

play15:26

So if you like the video

play15:27

then also subscribe to the channel.

play15:29

On such different topics

play15:30

we upload a lot of videos on this channel.

play15:32

Along with it we also have an Instagram channel

play15:34

by the name of Finology Legal.

play15:36

Where on topics like these

play15:37

we post, ask questions

play15:39

discuss interesting FAQs.

play15:41

So you can subscribe to that also.

play15:43

That's it for now.

play15:44

See you in the next class.

play15:45

Bye Bye

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