Uniform Civil Code

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UNIFORM CIVIL CODE - Necessity to Tackle Communal Differences in India

( by Pashmeen Kaur )


ONE NATION ONE CODE:- 
DR BR AMBEDKAR, one of the maker of the Indian constitution, urged for bringing a uniform civil code in our country. Our constitution also give permits the government to bring such code in our country. Consecutive government delayed the process of building a uniform civil code in our country. Even though, we have a common criminal; land related issues and common civil code; it is only the law of marriage, divorce and succession are to be made common that ensures equality and justice for all the citizen in our country. 

However, celebrating 70 years of independence we should deliberate on the fact that our country should have common civil code by respecting tradition and customs of all religion, caste and tribes. 

UNIFORM CIVIL CODE:- 
Due to community differences in India it leads to a sentimental tension between different communities as our history also interprets the rising tension leading to partition and subsequent events till today. The 42nd amendment replaces “unity of nation “ with “unity and integrity of the nation" 

The constitution makers of our country wanted to establish a country with no religion boundaries ‘secular state’ with that purpose they codified article 25 of our Indian constitution which guaranteed freedom of religion to all person. A belief is grounded that it is for all the Muslim community to take a lead in the matter of uniforming the civil code, hence it is the duty of the state for securing the uniform civil code for the citizen of this country. 

The real question arises that why the union government failed to discharge the constitutional mandate for more than 6 decades? Many people are of the view that, due to ‘lack of political courage’ has amplified of losing Muslim votes. 

One more suggestion is also given that even if the uniform civil code is formed it should be optional for the Muslim to adopt the provision, it is only diluted version that the shariat is immutable and no code can be formed for the Muslims. 

It has completely no sense to draw a uniform civil code when it is not binding to all the citizen of our country. When section 125 of CrPC was extended for divorce women, Muslim contended that it should not be made valid for Muslim as it contradicts shariat but Hon’ble Supreme court turned down the argument. 

This is why India urgently needs a uniform civil code or Indian civil code In Goa it follows a common civil code since 1965 which is applicable on all the citizen in Goa. The question arises that if the Goa territory can follow a uniform civil code then why not the whole country? It will help India only to move forward towards it’s goal of becoming a developed and civilised nation. 


PROVIDE EQUALITY NOT ONLY TO RELIGION, ALSO TO WOMEN IN OUR COUNTRY 
The community difference in our country is not just on the basis of religion but it is also on the basis of gender. The uniformity of civil code will not only give equality to all the religion but also give equality to women in our society, it will help in improving the condition of women in our society. 

It will help India to remove the community difference in our country and integrate under one national civil code. 

DUTY OF THE COMMUNITY TOWARDS THE SOCIETY 
Rather ,than arguing about Hindu, Sikh or Muslim we should focus on developing our nation together . The made in India policy implemented by our Prime Minister Narendra Modi is only possible if all the community members support each other and understands the traditions and customs of other religion. 

Our country will progress towards the development only when a uniform of civil code will be formed in our country. 

We duly might be free after the partition but partition in our country is still existing. A beautiful gift of the Sikh community to the Muslim in Ramzan during the corona virus pandemic by cleaning the Jama Masjid is a classic example of building a nation with a uniform code. 

Conclusion:- 
A uniform civil code does not mean it will limit the freedom of people to follow their religion, it just means that every person will be treated as equal. Many provision of personal law violets human rights, the codification and unification of personal law will help the society to work in more effective and efficient way without any confusion and administration of law by the judiciary will be easier.


Disclaimer:-

The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of Light de Literacy and LDL does not assume any responsibility or liability for the same.






An NGO, run by group of socially active, determined & educated youths, aims to educate underprivileged children.

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