यूनिफ़ॉर्म सिविल कोर्ट, जिसे यूसीसी के नाम से भी जाना जाता है, दो दशकों से अधिक समय से भारत में चर्चा का विषय रहा है। भारतीय जनता पार्टी (बीजेपी) इस विवादास्पद कोड को लागू करने की वकालत करती रही है. इस ब्लॉग में, हम जानेंगे कि यूसीसी क्या है, इसकी उत्पत्ति क्या है और यह देश में एक विवादास्पद मुद्दा क्यों है।
समान नागरिक संहिता को समझना
समान नागरिक संहिता का उद्देश्य ऐसे कानूनों का एक सेट स्थापित करना है जो भारत के सभी नागरिकों के लिए, चाहे उनका धर्म, समुदाय, नस्ल, लिंग कुछ भी हो, विरासत, विवाह, गोद लेना, हिरासत, उत्तराधिकार और तलाक जाति जैसे विभिन्न व्यक्तिगत मामलों को नियंत्रित करता है। वर्तमान में विभिन्न धार्मिक समुदायों के अपने अलग-अलग कानून हैं। यदि UCC लागू होता है, तो हिंदू विवाह अधिनियम 1955, हिंदू उत्तराधिकार अधिनियम 1956 और मुस्लिम पर्सनल लॉ एप्लिकेशन अधिनियम 1937 जैसे मौजूदा कानून भंग हो जाएंगे।
संवैधानिक पहलू
यूसीसी का उल्लेख भारतीय संविधान के अनुच्छेद 44 के तहत किया गया है, जो राज्य के नीति निदेशक सिद्धांतों के अंतर्गत आता है। इसमें कहा गया है कि राज्य को पूरे भारत में एक समान नागरिक संहिता प्राप्त करने का प्रयास करना चाहिए। हालाँकि, यह ध्यान रखना महत्वपूर्ण है कि यूसीसी कोई मौलिक अधिकार या संवैधानिक गारंटी नहीं है।
समान नागरिक संहिता की उत्पत्ति
समान नागरिक संहिता का विचार औपनिवेशिक भारत में खोजा जा सकता है। 1835 में, ब्रिटिश सरकार ने अपराध, साक्ष्य और अनुबंधों से संबंधित भारतीय कानूनों में एकरूपता की मांग करते हुए एक रिपोर्ट प्रस्तुत की। हालाँकि, जनसंख्या सुधार की प्रक्रिया में किसी भी बाधा से बचने के लिए उस समय हिंदुओं और मुसलमानों के व्यक्तिगत कानूनों को संहिताबद्ध नहीं किया गया था।
विवाद और कानूनी परिप्रेक्ष्य
1985 में शाहबानो मामले में एक ऐतिहासिक फैसले के बाद यूसीसी की मांग में तेजी आई। एक मुस्लिम महिला, शाहबानो ने शादी के 40 साल बाद तीन तलाक के जरिए तलाक देने के बाद अपने पति से गुजारा भत्ता मांगा। सुप्रीम कोर्ट ने अपनी टिप्पणी में राष्ट्रीय एकता को बढ़ावा देने और विभिन्न व्यक्तिगत कानूनों से उत्पन्न परस्पर विरोधी विचारधाराओं को दूर करने के लिए यूसीसी की आवश्यकता पर प्रकाश डाला।
यूसीसी के कार्यान्वयन में चुनौतियों का सामना करना पड़ता है क्योंकि विवाह, तलाक, गोद लेना और उत्तराधिकार समवर्ती सूची में आते हैं, जिससे केंद्र और राज्य दोनों सरकारों को इन मामलों पर कानून बनाने की अनुमति मिलती है। जबकि सुप्रीम कोर्ट ने यूसीसी की आवश्यकता पर जोर दिया है, लेकिन इसके कार्यान्वयन पर वह चुप रहा है।
जनता की राय और धार्मिक चिंताएँ
जून 2023 में, भारत के विधि आयोग ने यूसीसी के संबंध में जनता और धार्मिक संगठनों से विचार और विचार मांगे। कानून और न्याय मंत्रालय के एक संदर्भ के बाद आयोग वर्तमान में यूसीसी की जांच कर रहा है।
यूसीसी के खिलाफ तर्क हैं, जिसमें दावा किया गया है कि यह धर्म का पालन करने की स्वतंत्रता का उल्लंघन करता है और भारत की सांस्कृतिक विविधता को खतरे में डालता है। कुछ विशेषज्ञों का मानना है कि यूसीसी को लागू करने से धर्म का अधिकार खत्म हो सकता है और अल्पसंख्यक समुदाय खुद को हाशिए पर महसूस कर सकते हैं।
दूसरी ओर, यूसीसी के समर्थकों का तर्क है कि यह सभी नागरिकों के लिए समान दर्जा सुनिश्चित करेगा, चाहे वे किसी भी समुदाय के हों। उनका मानना है कि यूसीसी लंबे समय से प्रतीक्षित सुधारों को संबोधित करते हुए व्यक्तिगत कानूनों में स्थिरता और लैंगिक समानता लाएगा।
निष्कर्ष
समान नागरिक संहिता भारत में कई वर्षों से बहस का विषय रही है। जबकि भाजपा सरकार इसे लागू करने का प्रयास कर रही है, धार्मिक स्वतंत्रता और सांस्कृतिक विविधता को लेकर चिंताएं हैं। यूसीसी, यदि लागू किया जाता है, तो व्यक्तिगत कानूनों में बहुत जरूरी सुधार ला सकता है और सभी नागरिकों के लिए समान व्यवहार सुनिश्चित कर सकता है।
अपनी बात कहो! क्या आपको लगता है कि मोदी सरकार समान नागरिक संहिता को सफलतापूर्वक लागू कर सकती है? नीचे टिप्पणी में अपने विचारों को साझा करें।
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