Home Law Personal SHOULD INDIA HAVE UNIFORM CIVIL CODE?

SHOULD INDIA HAVE UNIFORM CIVIL CODE?

Article 44

The Uniform Civil Code has been mentioned under Article 44 of Directive Principles of State Policy of the Constitution. It states that it is the duty of every state to secure a Uniform Civil Code throughout the territory. India being a secular and a democratic country has an age-long history of personal laws. When India attained its freedom in 1947, the issue of the implementation of the Uniform Civil Code throughout the country was much debated and eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy supported its implementation in the country.

However, it was much opposed by Muslim leaders like Poker Saheb and members from other religions. But even after so many years, the Uniform Civil Code has not been implemented. Our Indian Constitution is very on the fact that unless a uniform civil code is followed, integration cannot be imbibed. Though the Constitution mentions the uniform civil code, it does not make its implementation mandatory.

NEED FOR UNIFORM CIVIL CODE:

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. - eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy - Turkey, Egypt and even Pakistan - Religious fundamentalism - Muslims

The need for Uniform civil code has been felt for many years and the country has already suffered a lot in its absence. The Indian society has been divided on the basis of religion, caste and sex. Even at present, there are different laws in India governing rights related to personal affairs or laws like marriage, divorce, adoption, maintenance, etc for different communities. So does India actually need a uniform civil code?

The answer is yes, its high time India as a country realises the importance of its implementation. Italy and so many other developed countries also have a uniform civil code. As mentioned earlier India has a very long history of Personal laws which cannot be given up easily and which makes the situation very complex for India. A uniform civil code would mean that people belonging to different religions and faith would have the same set of secular civil laws.

The implementation of the same would guarantee Equality amongst the citizens in the long run. While the personal laws of some religions have undergone a reform but the Muslim laws haven’t.  It perhaps makes little sense to allow Muslims, for example, to marry more than once, but prosecute Hindus or Christians for doing the same. Therefore, there is a demand for a uniform civil code for all religion.

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. - eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy - Turkey, Egypt and even Pakistan - Religious fundamentalism - Muslims

The opponents of the UCC strongly believe that its implementation would interfere with the personal laws of the minorities and affect their religious freedom. One fails to understand how abiding the law of land can go against religious principles! He claims that the sentiments of the minorities are not considered while implementing a common law is thus beyond comprehension.

UCC does not insist on people from one religion to start practising rituals of other religions. All it says is, with changing living styles along with the time, there should be a Uniform Civil code irrespective of all religions as far s social ethics are concerned.

Moreover, many Islamic countries like Turkey, Egypt and even Pakistan have reformed the Muslim Personal Laws. Terence Farias, in his chapter The Development of Islamic Law points out that the 1961 Muslim Family Law Ordinance of Pakistan “makes it obligatory for a man who desires to take a second wife to obtain written permission from a government-appointed Arbitration Council. Hence there is no reason as to why India should stick to these old laws when the whole country can progress.

In fact, the reforms which were meted out in Tunisia and Turkey helped abolish the system of Polygamy. Polygamy has also been either banned or severely restricted in Syria, Egypt, Turkey, Morocco, and Iran and even in Pakistan. Besides Muslims who live in the U.S.A., Australia, the U.K. and other parts of Europe readily accepted the civil laws applicable uniformly to all citizens in the respective countries but do not feel insecure on that account. So, then, why, in India should there be such a feeling? Iran, South Yemen, and Singapore all reformed their Muslim laws in the 1970s, although Iran appears to have backslid in this respect. In the end, the argument is quite clear.

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. - eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy - Turkey, Egypt and even Pakistan - Religious fundamentalism - Muslims

Let us look at the case of Imrana, 28-year-old women and mother of five children. On the 6th of June, she was raped by her 69-year-old father in law Ali Mohammad. A Muslim Panchayat was then set up to resolve the issue and gave a judgement that she should treat her husband Nur Ilahi as her son and declared their marriage null and void! Can any law of the land justify this?

If she had been a Hindu or a Christian the judgement would have been different. Further in India, the word secularism has been looked upon as the non-interference with one’s religion; however, this needs to be relooked upon as there cannot be any discrimination in the guise of secularism.

CONCLUSION:

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. - eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy - Turkey, Egypt and even Pakistan - Religious fundamentalism - Muslims

The main question here that arises is that if the Muslim countries can amend and reform the Muslim Laws then why India can’t do the same. The actual problem regarding the implementation of the UCC lies with the Muslims as they are the only ones that cause hindrance in its implementation by thinking that it would attack their religious freedom and rights.

Religious fundamentalism must go, social and economic justice must be made available to the Muslim women and other women and their dignity and quality be ensured, basic human rights guaranteed and there should be an end to the exploitation of Muslim women.

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. – eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy – Turkey, Egypt and even Pakistan – Religious fundamentalism – Muslims SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. – eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy – Turkey, Egypt and even Pakistan – Religious fundamentalism – Muslims

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. – eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy – Turkey, Egypt and even Pakistan – Religious fundamentalism – Muslims SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. – eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy – Turkey, Egypt and even Pakistan – Religious fundamentalism – Muslims

SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. – eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy – Turkey, Egypt and even Pakistan – Religious fundamentalism – Muslims SHOULD INDIA HAVE UNIFORM CIVIL CODE? Article 44 of Directive Principles of State Policy of the Constitution. – eminent leaders like Dr B.R.Ambedkar Gopal Swamy Iyengar, KM Munshiji and Alladi Krishnaswamy – Turkey, Egypt and even Pakistan – Religious fundamentalism – Muslims

Must Read

COPARCENARY RIGHTS OF DAUGHTERS- A CATAPULT FOR GENDER PARITY?

"A women is the liability of her father when she is young, her husband when she is married and her son...

TECHNOLOGY AS AN AID IN EASE OF JUSTICE

Lawyers trying to adopt the new technology while facing some difficulties The wheels of justice stopped...

JUDICIAL OVERREACH: A DISQUISITION WITH REGARD TO STAY ORDER ON FARM LAWS

JUDICIAL OVERREACH- AN OVERVIEW It is of vital importance to note that there exists...

SHOULD INDIA HAVE UNIFORM CIVIL CODE?

Article 44 The Uniform Civil Code has been mentioned under Article 44 of Directive Principles of State Policy of...

Related News

COPARCENARY RIGHTS OF DAUGHTERS- A CATAPULT FOR GENDER PARITY?

"A women is the liability of her father when she is young, her husband when she is married and her son...

TECHNOLOGY AS AN AID IN EASE OF JUSTICE

Lawyers trying to adopt the new technology while facing some difficulties The wheels of justice stopped...

JUDICIAL OVERREACH: A DISQUISITION WITH REGARD TO STAY ORDER ON FARM LAWS

JUDICIAL OVERREACH- AN OVERVIEW It is of vital importance to note that there exists...

SHOULD INDIA HAVE UNIFORM CIVIL CODE?

Article 44 The Uniform Civil Code has been mentioned under Article 44 of Directive Principles of State Policy of...

MOTOR VEHICLES ACT 2019

The Constitution of India has been made both rigid and flexible by the Constitution makers. This prominent feature can be evidently under...