Context: Recently, the 22nd Law Commission recently agreed to re-examine the subject and started soliciting opinions and recommendations on UCC from the public and acknowledged religious bodies.
Context: Recently, the 22nd Law Commission recently agreed to re-examine the subject and started soliciting opinions and recommendations on UCC from the public and acknowledged religious bodies.
About
It aims to replace the existing diverse personal laws that vary based on religious affiliations and to brings a set of laws that govern personal matters, including marriage, divorce, adoption, inheritance, and succession, for all citizens regardless of their religion.
Example:
|
Act/Personal Law |
Religion comes under the Law |
Inheritance Rights |
Hindu Succession Act of 1956 |
Governs the rights of Hindus, Buddhists, Jains, and Sikhs |
|
Muslim Personal Law |
For Muslim Women |
|
Indian Succession Act of 1925 |
Christians, Parsis, and Jews |
|
Ethical Approach
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Ethical Approaches |
Analysis |
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Utility Test |
|
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Rights Approach |
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Justice Test |
UCC will facilitate –
|
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Common Good Test |
|
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Gandhi’s Talisman |
|
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Virtue Approach |
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Ethical dimensions Related to UCC
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In Favour: UCC |
Against: UCC |
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Gender Justice – Equality and Self Respect for Women
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Religious & Cultural Diversity A unified civil code could be perceived as a threat to this diversity. Ex. Marriage and divorce for of all religions would be govern by a single law, whereas at present Shariat law and Hindu Marriage Act, 1955 are for Muslim and Hindu respectively. |
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Accommodate the aspiration of youth
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Against the Right to Freedom of Religion UCC may require individuals to follow laws that may not be in accordance with their religious beliefs and practices.Ex. Practice of Divorce is different in Hindu and Muslim |
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Make Coherent system of laws
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Threat to harmony True integration in a democracy stands for tolerance and the coexistence of different communities.It is unlikely to foster goodwill between communities to wrench a community's valued laws and culture and push it to adopt new laws. |
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Promotes Secularism
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Threat to Multiculturalism:
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Conclusion
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