UNIFORM CIVIL CODE

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UNIFORM CIVIL CODE

 

WRITTEN BY

KUMAR VAIBHAV

BA.L.LB(HON) – 5TH YEAR

CENTRAL UNIVERSITY OF SOUTH BIHAR

 

EDITED BY 

POOJITHA POLICHETTY

BA.L.LB(GEN) – 3RD YEAR

DR. AMBEDKAR GLOBAL LAW INSTITUTE, TIRUPATI

 

INTRODUCTION

A Uniform civil code means a common law for all the citizens of the country irrespective of any religion, caste, sex, or any different identities. It means that no other laws can supersede this and only this one should be followed by every individual. India is a country with a diverse culture and people of different religions living here, all these religions have their own sacramental beliefs. But if any wrong happens with an individual because of that belief then that should also not be considered a good thing.

Today we can see the problem faced by Muslim women regarding the Shariat act, of 1937, this particular law is prevailing before the country got independence and still there are so many things that we can’t consider the law in the true sense. In other religions like Hinduism, things were not good and still, there are some things which we can’t consider good but at least codification happened as time passed and I think those were very impactful till now. India is a secular country and the word secularism comes under the 42nd constitutional amendment but still, there are lots of variations in the existing laws which makes this country divided into different parts.

                    




                                       

HISTORICAL BACKGROUND

Problems arose at the time of the British raj when they came to India then they first framed personal laws mainly for the Hindus and Muslims but then after some time they got opposition from the community leaders and then they refrained from further interfering within this domestic sphere. Also, Britishers got an easy way to rule here by engaging the people in their laws which deal with their religions. Later as time passed and pressure from the Muslim elite, the Shariat law of 1937 was passed which stipulated that all Indian Muslims would be governed by Islamic laws on marriage, divorce, maintenance, adoption, succession, and inheritance. Whereas the scenario is different for Hindus, Jains, and Sikhs after independence as the Hindu code bill was introduced which largely codified and reformed personal laws of these religions while Christians, Jews, Muslims, and Parsis were exempted, being identified as distinct communities from Hindus. Also, Nehru’s constant support for the implementation of UCC could not make him able to convince conservative groups and so UCC was not implemented but was added to the DPSP of the constitution under article 44.

     



STATUS AFTER INDEPENDENCE

Later on, there was Shah Bano’s case in which the main focus was on the terms like unilateral divorce, polygamy, and sharia law. This was the case by which it became easy to see the unfairness and disadvantages faced by the women, the apex court had also taken this matter seriously and ordered the maintenance of shah bano from her husband and also stated that government should go for a proper law, a common law in the form of UCC.

Having a UCC (Uniform civil code) does not mean that there will be any types of restrictions on someone’s religion but definitely, restrictions will be made if someone uses their religion in creating disturbances. UCC is a common code by which no type of discrimination happens against any citizen of the country. It will be very difficult for the state to deal with the people who will follow their laws because that will create unnecessary problems. Today the world is progressing and developed countries like Canada, and the U.S are following UCC. Also, Canada is a common location for U.S. borrowers for a variety of reasons (NAFTA proximity), including the implementation of the  Property Protection Act (PPSA). The PPSA is based on the ideals of the UCC and has been adopted in all provinces except Quebec. India too, Goa is the only state in India that has a uniform civil code. The Goa Family Law is the set of civil laws, originally the Portuguese Civil Code continued to be implemented after its annexation in 1961.

The real fact is that government is not that ready to implement and enforce the same and the obvious reason for the same is politics as the government just wants to make this issue a political one. Like what we saw in the past that the current government used this topic as their manifesto twice first in 1998 and then in 2019 but both times were withdrawn by them. Also, the apex court always shows the necessity of UCC in India and directed the government to focus on this issue that the government should make a commitment for the same but still we can’t see any result for the same. The law commission of India stated on August 31, 2018, that a UCC is “neither necessary nor desirable at this stage” in a 185-page consultation paper, adding that secularism cannot contradict plurality prevalent in the country.



CONCLUSION

There is a high need for UCC in India as India can be a secular country in the true sense of the word only when all communities belonging to various religions like Hindu, Islam, Christianity, etc. follow a single set of laws, thereby uniting diverse sections of people. India can be a united country only if the same laws relating to inheritance, marriage, family, land, etc. apply to all citizens, irrespective of the caste, creed, or communities they belong to. This way all Indians will be treated equally. The age-old religious customs and personal laws of our country are usually in favor of men, especially Muslim men. A uniform civil code will help in improving the conditions of women in India. It will help in bringing changes in the age-old traditions that have no relevance in today’s modern society, where women should be given equal rights and should be treated fairly. A uniform civil code in India will ensure no division based on religion but unity by creating a feeling of nationality.

BIBLIOGRAPHY

*REFERENCES

https://blog.ipleaders.in/comparative-analysis-of-india-and-countries-that-follow-the-uniform-civil-code/

https://en.wikipedia.org/wiki/Uniform_Civil_Code

https://www.legalserviceindia.com/legal/article-7248-uniform-civil-code-in-foreign-countries-its-evaluation-from-the-perspective-of-india.html

 

 

 


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