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In India we have a criminal code that is applicable to all citizens but with regard to personal laws relating to divorce, marriage, maintenance, adoption, inheritance, etc. we are still dependent on individual laws that vary a lot on the basis of sources, philosophy, and application.
Article 44 of the Constitution of India declares that “The State shall endeavor to secure for the citizens a uniform civil code.” The uniform civil code sets to administer everyone by the same set of civil laws that are secular in nature and to govern everyone, all the same, irrespective of religion, caste, gender, and domicile.
In India there are five-wide sets of personal laws that govern the citizens mostly; Hindu law administers Hindus (Hindus, Buddhists, Jains, and Sikhs). Muslim law is applied to Muslims, Christian law to Christians, Parsi law legislates Parsis, and Jews have their own personal laws.
Initially, the idea of uniform civil code was put forward in the Constituent Assembly in 1947, and then it was added to the Directive Principles of State Policy by the sub-committee on Fundamental Rights. The provision given in Article 44 is cautiously written and calls the State to “endeavor” to secure a uniform civil code.
Uniform Civil Code covers all the laws that deal with issues like adoption, inheritance, marriage, divorce, etc. and it is demanded that all the different personal laws be unified into a single set of secular laws dealing with them all.
In the famous Shah Bano Case[i], Justice Y.V. Chandrachud observed that “a common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.”
A uniform civil code would help to ensure the unity of laws between the communities as well as within the communities. It will help in meting out equal treatment towards all the citizens of India and would act as a check on some regressive policies, especially those where women are discriminated against and would ultimately help in promoting the secular spirit as enshrined in the Preamble.
The idea of a uniform civil code has been reflected in various judgments of the Supreme Court from time to time;
1. In Mohammad Ahmad Khan vs. Shah Bano Begum[ii], Supreme Court, the Court held that the Article 44 of the Constitution has remained “dead letter” and held that Muslim women have a right to maintenance from husband under Section 125 of CrPC.
2. In Sarla Mudgal vs. Union of India[iii], the Apex Court held that a second marriage contracted after conversion would amount to an offense under Section 494 of IPC. Justice Kuldeep Singh while delivering the judgment opined that, Article 44 needs to be retrieved from the cold storage where it is lying since 1949.
3. Seema vs. Ashwani Kumar[iv], is a recent landmark judgment with regard to uniform civil code wherein the Supreme Court held that there should be compulsory registration of marriages irrespective of religion and in a time-bound manner. This is an important step towards the goal of uniform civil code with regard to the registration of marriages.
The Goan Model – Goa is the only state in India that has implemented the uniform civil code in the country and the Portuguese Civil Code that was introduced in the 19th Century, has not been replaced even after liberation and it very much remains in force.
The uniform civil code if is to be applied in India then efforts should be made to sensitize the communities with its need and it would require modernization and strengthening of the legal and social machinery if we aspire to have a single set of secular rules in a pluralistic country like ours.
[i] Mohd. Ahmed Khan vs Shah Bano Begum And Ors. (1985 AIR 945, 1985 SCR (3) 844)
[ii] Ibid.
[iii] Smt. Sarla Mudgal, President, ... vs Union Of India & Ors (1995 AIR 1531, 1995 SCC (3) 635)
[iv] Seema vs Ashwani Kumar (2006 2 SCC 578)
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