points on ucc in india
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Uniform civil code is the ongoing point of debate within Indian mandate to replace personal laws based on the scriptures and customs of each majorreligious community in India with a common set of rules governing every citizen. Article 44 of the Directive Principles expects the state to apply these while formulating policies for the country.[1] Apart from being an important issue regarding secularism in India & fundamental right to practice religion contained in Article 25, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985.Although Article 44 of the Indian Constitution guarantees UCC to all citizens,the debate arouse when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce,polygamy in the country and putting it among the nations legally applying the Sharia law. The Bano case made it a politicised public issue focused onidentity politics—by means of attacking specific religious minorities versus protecting its cultural identity.
Uniform civil code is the ongoing point of debate within Indian mandate to replace personal laws based on the scriptures and customs of each majorreligious community in India with a common set of rules governing every citizen. Article 44 of the Directive Principles expects the state to apply these while formulating policies for the country.[1] Apart from being an important issue regarding secularism in India & fundamental right to practice religion contained in Article 25, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985.Although Article 44 of the Indian Constitution guarantees UCC to all citizens,the debate arouse when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce,polygamy in the country and putting it among the nations legally applying the Sharia law. The Bano case made it a politicised public issue focused onidentity politics—by means of attacking specific religious minorities versus protecting its cultural identity.
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