Differant law for differant religion
Querist :
Anonymous
(Querist) 07 April 2010
This query is : Resolved
Dear Experts
We all indians always saying Hindu-Muslim-Sikh-Isai Ek hai.....
Then way we have differant laws for differant cumunity.
do you dont think it will dividing metality towards each other religion.
Whts your opition
Manish Singh
(Expert) 07 April 2010
Dear Mr....
yes this country has different religions and thus different personal laws and in fact this is the reason we always keep on fighting with each other but our Constitution makers had given us the solution under Art 44 with Uniform Civil Code which had to be implemented once the situation of India was to be stable..but in spite of 60 yrs being spent, out corrupt leaders haven't done anything towards that area since this will make a hole in their votebank.
UCC is meant for equal personal laws for all the religions in India.
Kiran Kumar
(Expert) 07 April 2010
dear its a larger issue and sufficiently discussed by Hon'ble SC in various judgments....and every time when this issue is raised it has created trouble.
have u ever heard of Uniform Civil Code (Article 44 of the constitution of India)
read the provision and judgments there then come for discussion.
Parthasarathi Loganathan
(Expert) 07 April 2010
That is the greatness of our Indian Secularism professed and practiced by our citizens.
Raj Kumar Makkad
(Expert) 07 April 2010
We all lawyers should come out openly in support of Common Civil Code. It should be the only recognition of every Indian that he belongs to India and each and every citizen of India is his brother because common law is applicable to all of them without any discrimination. Once it is done all problems related to caste, creed, conversion, reservation, cheap popularity policies of politicians and religious disputes shall come to an end and no Dantewaras or Ayodhyas shall take place.
G. ARAVINTHAN
(Expert) 08 April 2010
Each citizen is given right to follow religion. It is needful for them to follow their law as prescribed by their religion. Hence it is necessary
Gulshan Tanwar
(Expert) 08 April 2010
See the state of Goa regarding your querry, it is the only state of India, where Art.44 of the Constitution had been implemented and the Govt. doesnt have the will to go further as it will create many loopholes in the system and further the condition of the Indian society will be at the risk at the most; can u think of the problem of marriages---- inheritance etc... go through with the details and pros and cons of the querry which u raised :)
Sanjeev Panda
(Expert) 08 April 2010
Article 44 is one of the Directive Principles which falls under Part IV of the Constitution of India, which though not binding or enforceable, but enjoins on the state an obligation to make uniform civil code for different religion.
“44. Uniform civil code for the citizens.—The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
As for the justification for the different laws for different community, the same can be traced from the second expression used in Article 14, i.e “the equal protection of the laws” (taken from the American jurisprudence) which means that the like should be treated alike, among equals law should be applied equally and among unequals, equals laws should not be applicable. Infact by applying equal laws among unequals, inequality is made. That’s why, one can justify the different laws on diffeerent bases; namely geographical, different income groups or according to objects or occupations or may be religion. It is well settled that Article 14 forbids class legislation which is manifest in its words, i.e. “The State shall not deny to any person equality before the law ……..”
However, it does not forbid reasonable classification for the purposes of legislation.
Different laws for different religions based on Doctrine of Reasonable Classification: It is open to the legislature to make different laws for the different religions, like Hindu Marriage Act for Hindus or Christian Marriage Act for Christians based on reasonable classification. In order, however, to pass the test of permissible or reasonable classification two conditions must be fulfilled, namely, (i) the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group; and, (ii) that differentia must have a rational relation to the object sought to be achieved by the statute in question.
The Article 14 is given under Part III which is a fundamental right and is inviolable thus, it gets precedence over Article 44 which is a Directive Principle mentioned under Part IV of the Constitution, but nevertheless the state shall endeavour to make uniform civil code.
