Uniform civil code is an attempt to reform personal laws and to bring a common law for all, one law should be there which is applicable to all, which would be different from public law and would deal with marriage, divorce, maintenance and adoption.
The need of this code is to secure justice and equality for all the citizens of India. As this code is applicable to the citizen of India irrespective of caste, religion and gender means all citizen of India are treated equally.
The Indian Constitution in Article 44 requires the State to strive to secure for its citizens a
Uniform Civil Code(UCC) throughout India, but till now, no action has been taken in this regard.
The Hindu personal laws were codified in the year 1956. However, there has been no
attempt to frame a Uniform Civil Code applicable to all citizens of the country.
Despite exhortations of this Court in the case of Shah Bano in 1985, the government has done nothing to bring the Uniform Civil Code.
The Supreme Court hailed the State of Goa as a “shining example” where “uniform civil code” is applicable to all, regardless of religion except while protecting certain limited rights.
Goa has a common civil code called Portuguese civil code 1867.
Uniform Civil Code seeks to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
Why Uniform Civil Code ?
It will Integrate India- India is a country with many religions, customs and practices. A uniform civil code will help in integrating India more than it has ever been since independence. It will help in bringing every Indian, despite his caste, religion or tribe, under one national civil code of conduct.
Simplification of laws
There exists so many personal laws like Hindu code bill, Shariat law, etc. Presence of so many laws creates confusion, complexity and inconsistencies in the adjudication of personal matters, at times leading to delayed justice or no justice. UCC will eliminate this overlapping of laws. Thus, UCC will lead to reduction in litigation emanating from multiple personal laws.
Religious personal laws are misogynistic in nature and by allowing old religious rules to continue to govern the family life we are condemning all Indian women to subjugation and mistreatment. A uniform civil code will also help in improving the condition of women in India.
A uniform civil code doesn’t mean that it will limit the freedom of people to follow their religion, it just means that every person will be treated the same and all citizens of India have to follow the same laws regardless of any religion.
Government has to take steps towards increasing the awareness among the public, especially 'minorities', about the importance of having a UCC.
The UCC must carve a balance between the protection of fundamental rights and religious
dogmas of individuals. It should be a code, which is just and proper according to a man of
ordinary prudence, without any bias with regards to religious and political considerations.
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