Why Uniform Civil Code in India is dangerous :Uniform Civil Code in India: A Critical Examination.-PART 1.

Introduction: Uniform Civil Code (UCC) is a proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of laws governing every citizen1. Article 44 of the Constitution of India states that "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India". However, this article is part of the Directive Principles of State Policy, which are not enforceable by any court, but only provide guidelines for the state. India’s Uniform Civil Code (UCC) has long been a subject of debate and controversy. Proponents, The proponents of UCC argue that it would promote national integration, gender justice, equality and dignity of women, and secularism. They also contend that UCC would simplify the legal system and reduce the scope for communal conflicts.

The opponents of UCC argue that it would violate the fundamental right to freedom of religion, which includes the right to follow personal laws They also claim that UCC would impose a majoritarian culture and values on the minorities, and disregard the diversity and pluralism of India.

1. Religious Freedom: The UCC, in its pursuit of creating a common civil code for all citizens, raises concerns regarding religious freedom. India is a multi-religious and multicultural society, with diverse personal laws governing marriage, divorce, and inheritance. Imposing a uniform code across all communities threatens the religious autonomy guaranteed by the Constitution. It runs the risk of infringing upon the fundamental rights of individuals to practice and preserve their religious customs and traditions.
2. Cultural Diversity: India's strength lies in its rich cultural diversity, shaped by centuries of unique traditions and customs. A uniform code fails to acknowledge and respect this diversity, potentially eroding the multicultural fabric of the nation. Personal laws in various communities have evolved over time, reflecting their distinct social, religious, and cultural contexts. By imposing a uniform code, the government risks diluting these unique cultural identities and traditions, which are integral to the country's pluralistic character.
3. Gender Equality: Supporters of the UCC argue that it will promote gender equality by eliminating discriminatory practices prevalent in different personal laws. However, it is crucial to recognize that gender justice cannot be achieved by merely enforcing a uniform code. True gender equality requires addressing deep-rooted patriarchal norms and practices within society. Instead of focusing solely on legal reform, it is vital to educate and empower women, promote social change, and challenge regressive attitudes. Merely codifying laws without addressing underlying societal issues is unlikely to bring about substantial change.
4. Implementation Challenges: Implementing a Uniform Civil Code is a complex task given the vast diversity within India. The country is home to numerous communities, each with its own unique customs and traditions. Enforcing a uniform code that adequately addresses the specific needs and concerns of every community is a daunting challenge. It requires striking a delicate balance between maintaining individual liberties and ensuring social justice. Rushing into uniformity without sufficient dialogue and consensus-building can lead to a backlash and further division within society.
5. Social Cohesion vs. Cultural Autonomy: The UCC presents a dilemma between social cohesion and cultural autonomy. While social cohesion is desirable for a harmonious society, it should not come at the cost of erasing cultural autonomy and diversity. The challenge lies in finding a middle ground that respects individual rights and communal identities while promoting a sense of unity. Striving for unity does not necessitate uniformity; instead, it calls for creating an inclusive legal framework that accommodates diverse beliefs and practices.

Why UCC is dangerous are:

1. UCC would undermine the constitutional guarantee of cultural and religious freedom to all citizens, especially minorities.

2. UCC would ignore the historical, social and cultural contexts of different personal laws, and impose a uniform and rigid code that may not suit the needs and aspirations of various communities.

3. UCC would create resentment and resistance among the people who cherish their personal laws as part of their identity and heritage.

4. UCC would be difficult to implement and enforce in a diverse and complex country like India, where there are multiple sub-groups and sects within each religion, each having its own customs and practices.

5. UCC would not necessarily ensure gender justice or women’s empowerment, as there are many other factors that affect these issues, such as education, awareness, social norms, economic opportunities, etc.

Conclusion: The Uniform Civil Code in India remains a contentious issue, with valid arguments on both sides. While the idea of a common civil code holds the potential for promoting gender equality and national integration, it must be approached with caution and sensitivity. Any attempt to impose a uniform code should respect religious freedom, cultural diversity, and the complexities of India's social fabric. To ensure meaningful progress, a comprehensive and inclusive approach is needed, involving dialogue, consultation, and a deep understanding of the diverse communities and their respective needs.

In the next Part, we will discuss how UCC will affect HUF exemptions under income tax, culture, and traditions which are protected even under CRPC presently and will end to cultural identities of minorities SC/ST and other ethnic groups.