Nation Demands Uniform Civil Code.
Uniform Civil Code or UCC which is been defined under schedule three that’s directive principal of state policies (DPSP) Article 44 of Indian Constitution. Uniform civil code gives power to states to form a common and same family law, this article give power to the states for not recognizing the various family laws and have a uniformity among all religious laws, as all religion guide us for the betterment of society but still various religious jurist use to do wrong interpretation of there religious norms. Making one particular law which have basic of all religious norms can also help nation in reducing communal violence, main reason behind communal violence is that there’s no lex loci all religion have there own personal law, in the country like India which is so much diverse in terms of religion, cast and sex it’s now been essential for the nation to have one common law for all the religions.
Nation demands UCC
Article 44 of the Indian Constitution requires the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
A uniform law thus prepare and made applicable to all would on the contrary promote national unity, as many use to debate that uniform civil code would infringe the fundamental right of freedom of religion as mentioned under Article 25 of Indian Constitution, but uniform civil code doesn’t infringe there right as India is an secular state and everyone has there right to perform there religious practice but Uniform civil code gives right to government to have a common law in terms of Marriage, Divorce, Succession, maintenance, etc.
Goa salaried tax payers v. Union of India, Goa is the only state to have common civil code.
However, Daman and diu and Dadar and Nagar Haweli follows Portuguese Civil Code.
The honorary Supreme Court for the first time, directed the parliament to frame UCC in the year 1985 in the case of Md. Ahmed Khan v. Shah Bano Begum, in this case a penurious Muslim women clamed for maintenance from her husband under section 125 of CrPC. The court also held that Article 44 of the Constitution had remained a dead letter.
Formal Chief Justice of India Hon'ble Justice Y. V. Chandrachud observer that, common law will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies.
In S.R. Bommai v. Union of India , as per Hon’ble Justice Jeevan Reddy, it was held that “religion is the matter of individual faith and cannot be mixed with secular activities, Secular activities can be regulated by the State by enacting a law”
Uniform civil code is not against secularism or violate Article 25 and 26. Article 44 is base on the idea that there is no fundamental association among religion and individual aw in an edified society. Marriage, progression and like issues are of common nature and, hence, law can direct them. No religion grants conscious twisting. The Uniform civil code shall not result as an obstruction of one's religious convictions relating, primarily to support, progression and legacy. This implies under the Uniform civil code a Hindu won't be constrained to play out a nikah or a Muslim be compelled to complete saptapadi.
However, in issues of legacy, directly to property, support and progression, there will be a customary law. The entire discussion can be summed up by the judgment given by Justice R.M. Sahai, He said “Our own is a common law based republic. Opportunity of religion is the center of our way of life. Indeed, even the smallest of deviation shakes the social fiber. Be that as it may, religious practices, violate of human rights and nobility and sacerdotal suffocation of basically affable and material opportunity are not self-rule but rather mistreatment. Subsequently, a bound together code is basic, both for security of the abused and for advancement of national solidarity and solidarity.”
After such an intentional discourse it very well may be said that the unimportant three words and the country breaks into insane celebration and hysterical moaning. This uniform civil code has social, political, and religious perspective. The UCC would cut a harmony between assurance of key rights and religious creeds of people. It ought to be a code, which is simply and appropriate as indicated by a man of customary reasonability, with no predisposition concerning religious and political contemplation. However, to finish up, I might want to state that subjects having a place with various religions and sections pursue diverse property and wedding laws which isn't just attack against the country's solidarity, yet in addition makes one ponder whether we are sovereign common republic or free
confederation of medieval states, where individuals live at the impulses and likes of mullahs, religious administrators and savants. I firmly bolster the campaign for the usage of the UCC and homogenizing the individual laws. I bolster it, not due to any predisposition, but rather in light of the fact that it is the need of great importance. It is the high time that India had a uniform law managing marriage, separate, progression, legacy, and upkeep.
By Divyaansh Srivastava
Law College Dehradun , Uttaranchal University