Question

Discuss the possible factors that inhibit india from enacting for its citizens a uniform civil code as provided for in the directive principles of state policy.

Answer 1

Answer:

Following are the reasons why India is still distant from enacting UCC:

1-The influence of religions in every matter making them extremely sensitive.

2-Huge cultural and religious diversity with a large number of customs.

3-Lack of interest of political parties to solve issues as every party supports a specific religion more than others.

4-The secular nature of India is also a hindrance.

Answer 2

All of India 's traditions and personal laws relating to marriage , divorce, inheritance, birth, succession and ancestry are regulated by every culture. The goal is to incorporate the existing civil code into a "single gender-neutral code" that applies to all Indian citizens. The Uniform Civil Code (UCC) in India proposes that a "common set of laws" governing each citizen should substitute personal law centered on the scriptures & customs of each major religious community in the country. Article 44 of the "constitution of India" calls for the incorporation of  a "Uniform "civil code" to all Indian people .

Explanation:

Factors that inhibit India from enacting for its citizens a UCC

• It is really difficult for different communities to find "common ground". There are several different "customary practices" in communities. The people with a widely recognized code cannot be easily carried. It is suspected that the UCC can interfere with fundamental rights of the legal profession, practice and "propagation of religions" (Article 26) and "religious freedom" (Article 25).
• Religious opposition is one of the most significant and apparent obstacles to the UCC 's growth. Also in the 21st century, the fundamentalism profoundly rooted in several Indian traditions continues not to disappear. The govt will have the will to face up to the implications of the abolition of the personal laws of the major religions & to convince the citizens of justice and change, in order to become a country.
• Practical difficulties as a result of diversity in India. A standard, coherent collection of rules for personal matters like marriage is almost difficult to create, due to India's profound cultural diversity through religions, states,sects, castes, and so  on.
• Several communities , especially minority, see the UCC as a violation of their freedom of religion. They fear that the UCC is going to disregard their customs and enforce rules which the majority of the religious groups will dictate and influence
• In its true sense, such a code must be formed by free borrowing from different personal codes, slowly modifying them, making judicial declarations that ensure equality of gender & by extending their definitions on marriage, continuity, adoption and succession, acknowledging the advantages of one group from the other. The time & human resource of this mission would be very challenging.
• Many citizens still do not know the real meaning of the uniform civil code. False perceptions do exist, especially between the minority groups. Sometimes the UCC is often considered to enforce the Hindu code and practices, leading to its resistance from minorities. This makes it very difficult to provide a fair dialogue about its application.

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