Thursday, 7 September 2023

UCC - views of Ambedkar

UCC -  Views of Ambedkar 

Dr. B.R. Ambedkar, the chief architect of the Indian Constitution and a prominent social reformer, had complex views on the Uniform Civil Code (UCC). The Uniform Civil Code is a concept in Indian law that seeks to replace personal laws based on religion or ethnicity with a single set of uniform laws for all citizens, regardless of their religious or cultural backgrounds. Ambedkar's views on the UCC can be understood through his writings, speeches, and contributions to the Constituent Assembly debates.


Equality and Social Justice: Ambedkar was a staunch advocate for equality and social justice. He believed that personal laws based on religion or community led to discrimination and perpetuated inequalities, particularly against women and marginalized groups. He argued that the UCC was essential to ensure equal rights and opportunities for all citizens, regardless of their religious affiliations.


"I personally do not understand why religion should be given this vast, expansive jurisdiction, so as to cover the whole of life and to prevent the legislature from encroaching upon that field. After all, what are we having this liberty for? We are having this liberty in order to reform our social system, which is so full of inequities, discrimination, and other things, which conflict with our fundamental rights." — B.R. Ambedkar, Constituent Assembly Debates


Women's Rights: Ambedkar strongly believed that the UCC would be a major step towards empowering women and ensuring their rights. He argued that personal laws often discriminated against women in matters of marriage, divorce, and inheritance. A uniform code, in his view, would provide women with equal legal protection.


"I am absolutely clear about it. I would not have that elementary, common-sense right to say that this marriage is null and void." — B.R. Ambedkar, Constituent Assembly Debates


Secularism: Ambedkar also emphasized the importance of secularism and saw the UCC as a means to establish a secular legal system in India. He believed that personal laws were inherently religious and that they should not interfere with the secular governance of the country.


"The State is asked to guarantee this distribution by its intervention, not by its laissez-faire policy. The laissez-faire policy is anarchy. It is only the State which can guarantee this equal distribution." — B.R. Ambedkar, Constituent Assembly Debates


Gradual Approach: While Ambedkar supported the idea of a Uniform Civil Code, he also recognized the complexity of implementing it in a diverse and religiously pluralistic country like India. He advocated for a gradual and step-by-step approach to its implementation, considering the sensitivities of different religious communities.


"I am not for the imposition of a uniform civil code. I am for giving the minorities an option to adopt it." — B.R. Ambedkar, Constituent Assembly Debates


In summary, Dr. B.R. Ambedkar supported the concept of a Uniform Civil Code as a means to ensure social justice, gender equality, and secularism in India. However, he also recognized the challenges in its implementation and proposed a gradual approach with options for religious minorities to adopt it voluntarily. His views continue to be a significant reference point in discussions about the Uniform Civil Code in India.

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