Question: Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code (UCC) as provided for in the Directive Principles of State Policy.
Answer: The Uniform Civil Code was a feature that was envisaged by constitution makers to be incorporated in our constitution as a compulsory provision. But considering various issues involved in its implementation, it was included under Article 44 of DPSP.
Factors responsible for inhibiting implementation of UCC
- Fundamental rights
The fundamental rights in the constitution under freedom of religion (Article 25-28) allows every individual to practice their religious activities without any restrictions. Since fundamental rights are precedent over DPSP, the implementation of UCC will be challenging.
- Existence of diversity
India is a multi diverse country with large number of religious and social groups that undertake various practices that is different from rest of the country. It is not possible to use a single uniform rule against such a diverse population.
- Political reasons
The implementation of UCC also has political implications with regards to political scenario in the country. Political parties with minority vote banks are reluctant to allow UCC to be implemented as it has capacity to undermine position of minorities and their practices such as multiple marriages, nikah halala etc.
The road to UCC is full of controversies and the political parties must take all communities under confidence before implementing a major reform such as UCC.
Thus, UCC is very central to one nation one rule concept and as time passes, its existence becomes necessary. It is thus a reform that is due in the future.