Uniform Civil Code (UCC)
Article 44 (DPSP) of the Constitution states that “the State shall endeavor to secure for citizens a uniform civil code throughout the territory of India.” It essentially means a common set of laws governing personal matters for all citizens of the country, irrespective of religion.
Positive aspects
- The implementation of a Uniform Civil Code would remove the influence of religion on social relations and personal laws in India, ensuring equal justice for both men and women regardless of their faith.
- Under the Uniform Civil Code, there will be uniform laws for all Indians in matters such as marriage, inheritance, and divorce, among others.
- The Uniform Civil Code can help improve the status of women in India by ending patriarchal practices perpetuated through old religious rules that govern family life.
- Personal laws in India have several loopholes that are exploited by those in power. A Uniform Civil Code would eliminate or minimize these loopholes due to its uniformity.
- Traditional laws are sometimes followed by informal bodies like caste panchayats in India. UCC would ensure the primacy of legal laws over traditional laws.
- Implementation of UCC could help reduce instances of vote bank politics. If all religions are covered under the same laws, politicians will have less to offer to certain religious communities in exchange for their votes.
- Uniform Civil Code will help in the integration of India by eliminating animosities caused by preferential treatment given to certain religious communities by the law.
Negative aspects
- Implementation of UCC might interfere with the principle of secularism, particularly with the provisions of Articles 25 and 26, which guarantee freedom relating to religious practices.
- Conservatism by religious groups, which resist such changes as it interferes with their religious practices.
- It is difficult for the government to come up with a uniform law that is accepted by all religious communities. All religious groups- whether the majority or minority have to support the change in personal laws.
- Drafting of UCC is another obstacle. There is no consensus regarding whether it should be a blend of personal laws or should be a new law adhering to the constitutional mandate.
Triple Talaq
| Positives of Triple Talaq | Negatives of Triple Talaq |
| – Allows for a quick and easy dissolution of marriage for men who want to end the marriage | – Leaves women vulnerable to being divorced without any say or input in the matter |
| – Has been practiced in certain Muslim communities for centuries and is seen as a part of their tradition | – Can be used as a tool of oppression and control over women |
| – Can provide a sense of finality and closure for both parties involved | – Can lead to financial instability for women who are suddenly left without a spouse and without any financial support |
| – Can allow men to remarry and start a new family if they so desire | – Can have negative impacts on children of the divorced couple |
| – Can be used as a way to avoid long and drawn-out court battles over divorce settlements | – Is not recognized by the Indian legal system and is considered unconstitutional |
Shani-Shignapur Temple
- The Bhumata Rangaragini Brigade, a women’s group, started a movement to end the 400-year-old tradition of barring women from entering the inner sanctum of a temple.
- The Bombay High Court issued a statement saying that there is no law prohibiting women from entering a place of worship and that if men are allowed, women should also be allowed.
- This statement by the court was made in response to the movement led by the women’s group.
- The court’s decision marked a significant step towards gender equality and ending discriminatory practices in religious institutions.
Sabarimala Temple Entry
- The Sabarimala temple located in Kerala prohibits women between the ages of 10 and 50, who are in their menstrual age, from entering the temple. This ban on women has been supported by a 1991 judgment of the Kerala High Court.
- The Supreme Court has referred the case to a three-judge bench to determine whether this exclusion of menstruating women from the temple premises constitutes an “essential religious practice.”
Haji Ali Dargah
- In 2012, the Haji Ali Dargah Trust in Mumbai banned women from entering the inner sanctum of the Haji Ali Dargah.
- The Trust cited religious reasons, referring to verses from the Quran and the Prophet Mohammed to justify their decision.
- Women’s groups opposed the ban and challenged it in court.
- The Bombay High Court eventually lifted the ban, declaring it unconstitutional.
- The court held that women have the same right as men to enter the dargah, and that the ban violated the fundamental rights of equality and freedom of religion guaranteed by the Constitution.
- The court also ruled that the Trust could not enforce any ban that went against the Constitution’s fundamental rights.
Certain Schemes for Minorities
| Scheme Name | Objective |
| National Scholarship Scheme | To provide financial assistance to students from minorities |
| Maulana Azad National Fellowship | To provide fellowships for the students belonging to minority communities who are pursuing higher education |
| Multi-sectoral Development Programme (MsDP) | To address the developmental gaps of minority concentration areas by providing basic amenities and infrastructure |
| Nai Roshni Scheme | To empower minority women by providing them skill development and leadership training |
| Seekho aur Kamao (Learn and Earn) | To provide skill development training and employment opportunities to minority youth |
| Padho Pardesh | To provide interest subsidy on educational loans to minority students |
| National Waqf Development Corporation | To facilitate the development of Waqf properties and generate revenue from them |
| Naya Savera | To provide vocational training and placement assistance to minorities |
| Nai Manzil Scheme | To provide education and skill development opportunities to minority youth who do not have formal education |
| Garib Nawaz Skill Development Centre | To provide skill development training and employment opportunities to minority youth |
| Hamari Dharohar Scheme | To preserve the rich culture and heritage of minority communities |
FAQs
Q1: What is the concept of secularism in India?
A: Secularism in India refers to the principle of state neutrality in religious matters, ensuring equal treatment and protection of all religions, as enshrined in the Indian Constitution.
Q2: What are some of the key challenges to secularism in India today?
A: Challenges to secularism in India include communalism, religious polarization, discrimination, and incidents of religious intolerance.
Q3: How does the Indian Constitution protect secularism?
A: The Indian Constitution protects secularism through fundamental rights, including the right to freedom of religion and the prohibition of discrimination based on religion.
Q4: What is the future of secularism in India?
A: The future of secularism in India depends on various factors, including political will, social awareness, and the ability to address the challenges it faces.
Q5: What are some of the challenges faced by secularism in modern India?
A: Challenges include religious and political polarization, the rise of extremist ideologies, incidents of communal violence, and attempts to use religion for political gain.
Q6: How does religious polarization affect secularism in India?
A: Religious polarization can lead to division and hostility among religious communities, undermining the principles of secularism and social harmony.
Q7: What role does the media play in the challenges to secularism?
A: The media can both contribute to and mitigate challenges to secularism. Responsible reporting can promote interfaith understanding, while sensationalism can exacerbate tensions.
Q8: How can India address the challenges to secularism?
A: Addressing challenges to secularism requires promoting education, interfaith dialogue, strict law enforcement, and fostering a culture of tolerance and inclusivity.
Q9: What are some positive initiatives aimed at preserving secularism in India?
A: Positive initiatives include campaigns for religious harmony, legal measures against hate speech and discrimination, and the promotion of secular values in education.
Q10: Is secularism in India a dynamic concept that can evolve with changing times?
A: Yes, secularism in India is a dynamic concept that can adapt to changing societal needs while upholding the core principles of religious neutrality and equality. It is essential for maintaining social cohesion in a diverse society.
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