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Uniform Civil code
Uniform Civil code
In India the aim of Uniform Civil Code is to exchange the private laws supporting the scriptures and customs of every major religious community within the country with a common set governing every citizen. A uniform civil code will mean a group of common personal laws for all citizens. Currently, for instance , there are different personal laws for Hindus and Muslims. In the context of that judgement the court had said a uniform.
The demand for a consistent civil code was first suggested by women activists within the beginning of the 20 th century, with the target of women's rights, equality and secularism. Till Independence in 1947, a couple of law reforms were passed to enhance the condition of girls , especially Hindu widows. The constitution features a provision for Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that The State shall endeavor to secure for the citizens a consistent civil code throughout the territory of India.
There are a variety of cases where the Supreme Court has mentioned Article 44 and therefore the concept of uniform civil code, mainly to spotlight the lacklustre attitude of the executive and the legislature in the implementation of the directive. Article 44 of the Constitution calls upon the State to endeavour towards securing a consistent civil code throughout the territory of India. It comes under Part IV of the Constitution titled as Directive Principles of State Policy (DPSP) and understood as exhortations to the State to be kept in mind while governing the country.
Merits of uniform civil code
- A Common Civil Code is enacted and enforced:
- Accelerate national integration;
- Overlapping provisions of law could be avoided;
- Litigation due to personal law world decrease;
- Sense of oneness and therefore the national spirit would be roused, and
- The country would emerge with new force and power to face any odds finally defeating the communal and therefore the divisionist forces
International scenario on uniform civil code
Israel, Japan, France and Russia are strong today due to their sense of oneness which we've yet to develop and propagate.The European nations and US have a secular law that applies equally and uniformly to all or any citizens regardless of their religion. The Islamic countries have a consistent law supported shariah which applies to all or any individuals regardless of their religion.
Drawbacks of uniform civil code
- Difficulties due to India’s diversity- The implementation of Uniform Civil Code may be a cumbersome task thanks to the wide diversity of our nation. Cultural differences from state to state and community to community is yet one more hindrance for a unified personal law.
- Interference of state in personal matters- The constitution provides for the proper to freedom of faith of one’s choice. With codification of uniform rules and its compulsion, the scope of the liberty of faith are going to be reduced.
- The people from different communities aren't willing to adopt the secular laws separated from personal laws. So, it's not fair to impose the traditions of 1 group upon other groups. The focus should get on other less contentious issues that the Indian society is facing.
- As far because the protection of human rights or social obligations cares , the state has laid bottom line policies through general laws. For instance, there's general law that prohibits child marriage and reigns over all personal laws.
- Every religion will say it's a right to make a decision on various issues as a matter of its personal law.
