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UCC KSLU Answer

The Uniform Civil Code (UCC) aims to establish a common set of laws for personal matters in India, promoting equality and secularism as outlined in Article 44 of the Constitution. While there are arguments for and against UCC, including concerns about religious sentiments and minority rights, recent developments indicate a push towards its implementation. The current status shows no national UCC exists, but some states like Goa have adopted it, and discussions continue on achieving a balance between equality and religious freedom.

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23 views3 pages

UCC KSLU Answer

The Uniform Civil Code (UCC) aims to establish a common set of laws for personal matters in India, promoting equality and secularism as outlined in Article 44 of the Constitution. While there are arguments for and against UCC, including concerns about religious sentiments and minority rights, recent developments indicate a push towards its implementation. The current status shows no national UCC exists, but some states like Goa have adopted it, and discussions continue on achieving a balance between equality and religious freedom.

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angelomanuel624
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Uniform Civil Code (UCC) - KSLU Semester-End Exam Answer

Introduction:

The Uniform Civil Code (UCC) refers to a common set of laws governing personal matters such as

marriage, divorce, inheritance, and adoption for all citizens of India, irrespective of religion. It is

envisioned in Article 44 of the Directive Principles of State Policy (DPSP) under the Constitution of

India, which states:

"The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of

India."

Objective of UCC:

- To promote national integration.

- To ensure equality before the law.

- To remove discrimination based on religion, gender, and caste in personal laws.

- To establish a secular legal framework for civil matters.

Constitutional Provisions:

- Article 44: Directive Principle - UCC for all citizens

- Article 14: Right to equality before the law

- Articles 25-28: Freedom of religion

Need for UCC:

- Different personal laws for different religions create legal pluralism and inequality.

- Contradiction between fundamental rights and personal laws.

- UCC would ensure gender justice, equality, and uniformity in civil matters.
Arguments in Favour of UCC:

1. Equality Before Law

2. Gender Justice

3. Secularism

4. Simplification of legal procedures

5. National Integration

Arguments Against UCC:

1. Religious Sentiments

2. Minority Rights

3. Diversity of India

4. Political Misuse

Important Case Laws:

1. Shah Bano Case (1985): Maintenance rights for Muslim women upheld. Court advocated UCC.

2. Sarla Mudgal v. Union of India (1995): Conversion to Islam to remarry invalid. Court stressed

UCC need.

3. John Vallamattom v. Union of India (2003): Struck down discriminatory Christian succession law.

4. Shayara Bano v. Union of India (2017): Triple Talaq declared unconstitutional.

Current Status of UCC:

- No UCC exists nationally.

- Goa follows a Uniform Civil Code (Goa Family Law).

- Law Commission (2018): UCC not necessary currently; reforms in personal laws recommended.

Recent Developments:

- Uttarakhand passed the UCC Bill in 2024.


- Central Government indicated national UCC drafting.

- Debate continues on balancing equality and religious freedom.

Conclusion:

UCC remains a controversial issue. While it reflects the vision of the Constitution, religious

sensitivities and political challenges hinder its implementation. Gradual reform, awareness, and

consensus-building are essential to achieve secularism, equality, and justice.

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