Uniform Civil Code in India

INTRODUCTION

In almost all the nations, there is one civil code for all the citizens. The basic ideology behind the formulation of a civil code is to end discrimination based on religion. A uniform civil code will mean a set of common personal laws for all citizens. Currently, for example, there are different personal laws for Hindus and Muslims. Personal law covers property, marriage and divorce, inheritance and succession.

ANALYSIS

Uniform Civil code is enshrined as article 44, as part of the Directive Principles of States policy, in the Indian Constitution. It makes the implementation of the Uniform Civil Code as a duty of the state.

Personal Laws in India were first framed in India during British Rule. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere.After independence, the Indian Government under Jawaharlal Nehru wanted to bring out a uniform civil code. However, after heated debates and oppositions, 4 bills relating to personal laws of Hindus (Hindu Marriage Act, Succession Act, Minority and Guardianship Act and Adoptions and Maintenance Act) could only be passed.The uniform civil code became a flashpoint in Indian politics in 1985 during the Shah Bano case. The Supreme Court had held that Bano, a Muslim woman, should get alimony from her former spouse. In the context of that judgement, the court had said uniform civil code should apply for the personal law. The Rajiv Gandhi government had controversially piloted a law in Parliament to overturn the Supreme Court ruling.

 It is a cruel fact that women are the worst victims of discrimination under personal laws. Though Muslim women are the worst affected under the Muslim personal law, yet it cannot be negated that women. Hindu, Muslim, Christian or Sikh is all losers under the respective personal laws. Gender discrimination persists despite the constitutional prohibition.

Recent events

SC has been considering a suo moto PIL on gender discrimination faced by Muslim women owing to arbitrary divorce and second marriage of their husbands during the currency of their first marriage.

Recently, the Government has asked the law commission to examine the issue implementing the Uniform Civil Code. This is the first time a government has asked the commission, which has a crucial advisory role on legal reform, to look into the politically controversial issue of a uniform civil code.

Debate on uniform civil code

The uniform civil code has always been a subject of intense debate. An examination of the various stands pro and against the same follows.

CONCLUSION

As per Article 44 enshrined in the Constitution, it is a duty of the State to move towards establishing a uniform civil code.It means Uniform laws for all engendering equality among all citizens; Inconsistency in personal laws runs contrary to Right to Equality.

The true spirit of secularism- Uniform Civil code is true spirit of secularism as religion is a personal matter so laws should be common for all religions

The establishment of a Uniform Civil code would pave way for greater unity among Indians. The animosity due to different treatment of different sections under different laws will be removed.

Uniformity of laws will reduce the burden on the judiciary in context of pronouncing judgements on personal laws

OPINION

I would like to say that citizens belonging to different religions and denominations follow different property and matrimonial laws which is not only an affront to the nation's unity but also makes one wonder whether we are a sovereign secular republic or a loose confederation of feudal states, where people live at the whims and fancies of mullahs, bishops and pundits.

"A common civil code will help the cause of national integration by removing disparate loyalties to the law which have conflicting ideologies." With the Supreme Court judgment holding triple talaq unconstitutional and illegal, will the government move towards bringing a uniform civil code in the country