The UNIFORM CIVIL CODE

Published: 2021-07-02 20:45:05
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UNIFORM CIVIL CODE Introduction India is a secular state, world’s largest democracy and second most populous country (1,205,073,612 in 2012) emerged as a major power in the 1990s. It is militarily strong, has major cultural influence and a fast-growing and powerful economy. With its many languages, cultures and religions, India is highly diverse. This is also reflected in its federal political system, whereby power is shared between the central government and 28 states. Religions not only have been serving as the foundation of the culture of India, but have had enormous effect on Indian politics and society. In India, religion is a way of life. It is an integral part of the entire Indian tradition. A vast majority of Indians, (over 93%) associate themselves with a religion. According to the 2001 census 80.5% of the population of India practice Hinduism, Islam (13.4%), Christianity (2.3%), Sikhism (1.9%), Buddhism (0.8%) and Jainism (0.4%) are the other major religions followed by the people of India. There are also numerous minor tribal traditions, though these have been affected by major religions such as Hinduism, Buddhism and Christianity. It is in this diverse context we have to analyze the necessity of Uniform civil code. What is Uniform Civil Code ? Uniform civil codeis in India. It is a debate to replace the personal laws which is based on the scriptures and customs of each major religious community in the country with a common set governing every citizes these laws are distinguished between from publiclawand cover marriage, divorce, inheritance, adoption and maintenance. UNIFORM CIVIL CODE: Uniform civil code was in the India only. It is the debate to replace the personal laws which is based on the scriptures and customs of each major religious community in the country. This code clarified from public law and cover marriage, divorce, inheritance, adoption and specially maintenance. In Article 44 of the India Directive Principles sets the implementation as duty of the state. This has been became secularism in India. This issue has became the most controversial issue during the Shah Bano case in 1985. Then the debate focus on Muslims Personal laws, which is totally based on the sharia law and remains unreformed since 1937, permitting them as a unilateral divorce and polygamy in India. The Bano case has been made totally politicised public issue which is focused on identify politics. Which means attacking specific religious minorities versus protecting its cultural identify. Article 44: There are much as a the Bharatiya Janata Party who would like to introduce a Uniform Civil Code and it confronts several obstacles in bringing this about. Buoyed by the BJP’s recent victories in the assembly elections in the Haryana, Jharkhand and Maharashtra, Lok Sabha MP Yogi Adityanath tell by the Parliament that the time had come for the government to enact a common Uniform Civil Code. Agriculture Minister Radha Mohan Singh went a step further by insisting there was no harm in having a debate on both the Uniform Civil Code and on Article 370, which mandates a special status for the Jammu and Kashmir. Would a uniform code act on the personal laws of only one community ? Not at all. The approach that a uniform civil code would necessitate change in only Muslim personal law is not correct. . For instance, the connected to succession among Hindus is unequal in the way it treats men and women. A truly modern ,secular ,non-discriminatory and progressive code would ,therefore ,mean changes in all personal laws .The concept of the “Hindu undivided family” ,aeast insofar as it pertains to succession ,would also obviously have to undergo a change under uniform civil code. Similarly ,Muslim ,Christian and other personal laws too would have to change. This also explains why historically changes in personal law have been resisted not just by one community, but by the ruling doctrine in all of them. It is one of the most controversial topic in the society. The uniform civil code clearly states that “one country one law “irrespective of Religion, caste etc. It states that a person has to follow the law given out by the government. No matter what religion he or she is the person has to follow the law. And uniform civil code is required for India. The government can compile the law by taking all the good things from all the religions and make as uniform civil code.As things stand, there are different laws governing these manner for different communities in India. Thus, the laws governing divorce among Hindus would be different, Hindus would be different from those pertaining Muslims or Christians and so on. What is good of one couple of one religion will be good for the couple of another religion. Religion should not play a major part in our day to day life. The uniform civil code is totally different from religion. Religions like Muslim has personal law in which polygamy still exist. It is one of the major issue in the current scenario. The uniform civil code helps to remove polygamy and such other things in which personal law is wrong. It should come from the constitution right accorded to every citizen and or from any religion or traditional custom. If a law is formed with respect to any particular religion then it would create major problems. The law should be created irrespective of religion or tradition. The uniform civil code is required for the development and patriotism. We follow the law laid down but the constitution of India. This will help us to adapt current requirement and we as an Indian need not follow the old, Ancient and outdated custom and tradition. We should be “INDIAN” first and then come the religion, caste or whatever it is. The concept of separate civil law is very harmful for the country betterment. For example: A Muslim having 4 wives besides the pure violation of all fundamental women’s right. It also wrong thing in the other people’s view which creates a bad impact in the society. If the men divorces any one of his wives the life of the women gets totally spoiled. It can be also called as SOFT TERRORISM. The population of men and women is nearly equal in Islam. If an Islamic man has more than 2 or 3 wives there will be a shortage of Islamic women’s. This gives extremists among them a big incentive to create a civil war among different religions. According to article 44 laid down n the constitution states that “The state shall Endeavour to secure for the citizens a uniform civil code throughout territory of India”. As article 37 of Indian constitution makes clear that, the directive principles” shall not be enforced by any court of law”. Nevertheless, they are fundamental governance of the country. Many great people like justice Katju has accepted and strong supporters of uniform civil code. If the government takes strict action and makes it possible the uniform civil code should implied as soon as possible but also it should be dealt in a very proper manner because it is one of the sensitive issue and it’s outcomes of people against it can be rebel and war. As a conclusion I would say that a secular India needs a uniform civil code but urgent need to force any uniform civil code on an unwilling population is not necessary.Most people are not ready to adopt truly secular laws separated from religious customs. The Uniform Civil Code can be successfully introduced only after achieving improved levels of literacy, awareness on various socio-political issues, enlightened discussions and increased social mobility. The ultimate aim of reforming uniform civil code should be for ensuring equality, unity and integrity of the nation and justice both men and women. So, it can be inferred from the above judgments that the Honorable Supreme Court has reiterated about the need of Uniform Civil Code again and again and has settled the controversies and ambiguities which have arisen due to the apparent conflicts in the personal laws. If the Uniform Civil Code would have been implemented for whole of the country then such kind of controversial issues would have been resolved by the statutory enactments only. India is a country of Unity in Diversity having Multi religions and cultures. So, civil matters of the citizens should be taken in the same clutches of law only then the prime constitutional goal of fraternity can be materialized in the real sense otherwise these divisive forces would continue to violate the constitutional spirit. So, in this sense uniform civil code is the need of the hour. A strong political will is required for the same along with the feeling of religious tolerance and mutual respect on part of each and every citizen of India. Though, Art. 37 of the Constitution of India mandates that the provisions contained in this part (Part-IV) shall not be forced by any Court, but the principles therein laid down are nevertheless fundamental in the governance of the Country and it shall be the duty of the State to apply these principles in making of laws , the Parliament has failed to discharge this Constitutional obligation in translating the principle of Art. 44 in to law by taking effective steps in this regard. The subject matters like inheritance, succession, Wills, Gifts, adoptions and maintenance are no longer the subjects having close affinity with religion, rather, these subjects are purely and squarely falling within the domain of Civil Laws. Parliament must, in its utmost wisdom, discriminate between issues touching Constitutional goals and issues pertaining to political end. The paramount objective of unity and integrity of India as resolved by the People of India in the Preamble and agreed to be obeyed as Fundamental Duty under Art. 51A(c) of the Constitution of India, though not enforceable like directives, could be achieved only when, from out of various measures, directive of Art. 44 is transformed in to enforceable Uniform Civil Code.But single or uniform civil law can strengthen the unity of the nation and forge a country of people known for their acceptance of progressive laws with inbuilt equality between communities and also between both men and women. However, it is a mirage for women. A decision on Article 44 should be the concern of the entire nation in general and of the women in particular. In case it is appliance it will lay the foundation for women to overcome many social evils like dowry system, bigamy etc. which makes a woman feel underneatcase Case :- In the city of Mushirdabad it was found that in one survey 44.83% of parents got their daughters support to marriage. In the popular of these cases, the daughter were in their teens as young as 10. This is after all India where in order marriages are still common and marriage of undergoing girls is not uncommon. We can see in these cases that the old problem of local custom is simply trumping Islamic law as a problem that has led to the passing of the Sharia law of 1938 in the first place. In the case of dowry not mahr it was found that a majority of the Muslims are also paying dowry in direct abuse of the Muslim law. In the case of mahr it was typically fixed at such a high price that the men were not paying much if any to the wife at the time of marriage. Rather then it was kept as a safety by the husband should divorce take place, the wife could demand her mahr. In the case of divorce it was found that not only were man not to come the require 3 months after pronouncing talaq but that the majority of divorce were taking place in front of local people not Qazis or before the courts DR Syed Abdul hafiz conducted the study of west Bengal Muslims by writing divorce removed Muslim women in west Bengal are living a unhappy life. SUGGESTION:- As a suggestion I would say that a secular India needs a uniform Civil Code but urgent need to force any UCCon unwillingly population is notnecessary. Manypeople would not readily accept secular laws separated from religiouscustoms. Itcan be successfully introduced only after achieving improved levels ofliteracy, enlighteddiscussions, increasedsocial mobility &awareness on various social-politicalissues. Itsaim should be for ensuringequality, unity& Integrity of thenation justicefor both men and women Conclusion:- As a conclusion I would say that a secular India needs a uniform civil code but urgent need to force any uniform civil code on an unwilling population is not necessary. Most people are not ready to adopt truly secular laws separated from religious customs. The Uniform Civil Code can be successfully introduced only after achieving improved levels of literacy, awareness on various socio-political issues, enlightened discussions and increased social mobility. The ultimate aim of reforming uniform civil code should be for ensuring equality, unity and integrity of the nation and justice both men and women.

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