Posted by Uniform Civil Code: Is India ready for a uniform civil code?
Author: Suyogya Awasthy, Third Year (V Semester),Damodaram sanjiviyya National Law University, Visakhapatnam
“It needs to be asked if it is possible or practicable to reconcile divergent laws and formulate a uniform or common code acceptable to all the communities”
The Constitution of India contains Directive Principles of state policy from Article 36-51 which are fundamental in the ruling of the country and shall be the duty to apply.Article 44 is uniform civil code that is one of the DPSP and states that’The state shall breeze to secure for the citizens a uniform civil code throughout the territory of India[i].
The term civil code is utilized to cover the whole assortment of laws overseeing rights identifying with property and generally in individual matters like marriage, separation, support, reception and legacy.
As things stand, there are diverse laws representing these viewpoints for different groups in India. Along these lines, the laws administering legacy or separation among Hindus would be not the same as those relating to Muslims or Christians et cetera. The interest for a uniform common code basically means binding together all these individual laws’ to have one set of common laws managing these perspectives that will apply to all nationals of India regardless of the group they fit in with.[ii]
A couple of years back, while hearing a case relating to whether a Christian has the privilege to pass on property to a philanthropy, the court lamented the way that the state has not yet executed a uniform common code.[iii]
The uniform civil code will not affect personal laws of a particular community. These laws will only be there to remove the gender biases from the personal laws, which has always existed in India.
There has been a require the sanctioning of uniform common code from numerous quarters, yet the issue stayed unsolved in spite of heated debates, both inside and outside the courtrooms. In the highly discussed Shah Bano case, the Supreme Court has held that Section 125 of the CrPC, being a mainstream obtainment was relevant to all the conditions according to it the life partner was sure to keep up his wife seeing that she doesn’t remarry.
One cannot progress riding on the past’s wheels. There is undoubtedly India needs uniform laws. Criminal and Commercial laws are basic, so there is a little purpose behind common laws to appear as something else. It just partitions Indians on the premise of religion that shouldn’t have happened in the 21st century.
Therefore, it must be inquired as to whether it is achievable to suit these different laws of the Hindus and Muslims and figure a uniform code that is satisfactory to both the groups
CONCLUSION
In any case, to finish up, I might want to express that nationals fitting in with different religions and non-administrative association take after distinctive individual laws which is an attack against the country’s solidarity, as well as makes one marvel whether we are a common sovereign republic or a free confederation of medieval states, where individuals live at the impulses and fancies of Mullahs, Bishops, and Pandits.[iv]
[i] http://www.lawyersclubindia.com/forum/INDIAN-CONSTITUTION-IN-BRIEF-4017.asp#.VflBshGqqko
[ii] http://articles.economictimes.indiatimes.com/2003-07-28/news/27541538_1_uniform-civil-code-personal-laws-sarla-mudgal
[iii] http://articles.economictimes.indiatimes.com/2003-07-28/news/27541538_1_uniform-civil-code-personal-laws-sarla-mudgal
[iv] http://www.legalserviceindia.com/articles/ucc.htm
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