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The Uniform Civil Code (UCC) is a Proposal in India to formulate and implement Personal Laws of Citizens which apply on all citizens equally regardless of their Religion, Gender and Sexual Orientation. Currently, Personal Laws of various communities are governed by their Religious Scriptures. Implementation of a Uniform Civil Code (UCC) across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party (BJP). It is an important issue regarding Secularism in Indian Politics and continues to remain disputed by India's Political Left Wing, Muslim Groups and other conservative religious groups and sects in defence of Sharia and religious customs. Personal Laws are distinguished from Public Law and Cover Marriage, Divorce, Inheritance, Adoption and Maintenance. Meanwhile, Article 25-28 of the Indian Constitution guarantees Religious Freedom to Indian Citizens and allows Religious Groups to maintain their own affairs, Article 44 of the Constitution expects the Indian State to apply directive principles and Common Law for all Indian Citizens while formulating National Policies.
Personal Laws were first framed during the British Raj, mainly for Hindu and Muslim Citizens. The British feared opposition from Community Leaders and refrained from further interfering within this domestic sphere. Indian State of Goa was separated from India due to colonial rule in the erstwhile Portuguese Goa and Damaon, retained a Common Family Law known as the Goa Civil Code and thus being only State in India with a Uniform Civil Code (UCC) till date. Following India's Independence, Hindu Code Bills were introduced which largely codified and reformed Personal Laws in various sects among Indian Religions like Buddhists, Hindus, Jains and Sikhs while exempted Christians, Jews, Muslims and Parsis, being identified as Distinct Communities from Hindus.
Uniform Civil Code (UCC) emerged as a crucial topic of interest in Indian Politics following the Shah Bano Case in 1985. The debate arose 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, Permitting Unilateral Divorce, Polygamy and putting it among the legally applying the Sharia Law. Uniform Civil Code (UCC) was proposed twice, in November 2019 and March 2020 but was withdrawn soon both of the times without introduction in Parliament. The bill is reported to be being contemplated due to differences between Bharatiya Janata Party (BJP) and Rashtriya Swayamsevak Sangh (RSS).
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Uniform Civil Code (UCC)
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