Uniform Civil Code

In almost all the countries there is one civil code for all the citizens. The basic ideology behind the formulation of a civil code is to end discrimination based on religion or any disparities.

Uniform Civil Code is a code which puts all the citizens equal before law, irrespective of caste, community, religion or gender.

*”Article 44″* of the Constitution of India lays down an important directive principle of state policy, namely, that the State shall endeavour to secure for its citizens, a Uniform Civil Code throughout the territory of India.

*Article 44* was incorporated in the Constitution with the aim to preserve and promote justice, equality and national integrity. However, personal religious laws have been found to act as a big obstacle in the path of achieving this goal. One of the biggest drawbacks of personal religious laws is that it fuels gender inequalities.

Moreover, as clarified by Article 37, Directive Principles are not enforceable by any court, although they are fundamental in the governance of the country.

Today, citizens of India are governed by different personal laws, based on their religion, caste, community, etc. A uniform civil code would ensure that all citizens of India are governed by the same set of secular civil laws in matters of marriage, divorce, maintenance, adoption, inheritance, etc.

*OBJECTIVE OF UNIFORM CIVIL CODE*

The objective underlying a Uniform Civil Code is to enhance national integration by eliminating contradictions based on religious ideologies.

All communities in India would then stand on a common platform on civil matters.

The implementation of a uniform civil code is imperative for both, the protection of the oppressed and the promotion of national integrity and unity.

*SIGNIFICANCE OF UNIFORM C IVIL CODE*

Preamble of the constitution of India resolves to secure justice, liberty, equality and fraternity for “all its citizens.”

Equality before the law is *”gender-inclusive”*.

Articles 14 and 15 of the Constitution of India state this explicitly.

_”The need for a uniform civil code stems from the fact that personal laws are discriminatory against women. The absence of a Uniform Civil Code implies that women, in matters of civic life, have no recourse to gender-just laws.”_

*MERITS OF UNIFORM CIVIL CODE*

If a Common Civil Code is enacted and enforced:

•It world help and accelerate national integration.

•Overlapping provisions of law could be avoided.

•Litigation due to personal law world decrease.

•Sense of oneness and the national spirit would be roused.

•The country would emerge with new force and power to face any odds finally defeating the communal and the divisionist forces.

*NEED OF UNIFORM CIVIL CODE*

*Dr.Ambedkar* , the principal architect of the Indian Constitution was of the view that the provision relating to a uniform civil code should be included in the fundamental rights chapter and thus should be made justifiable.

The whole debate can be summed up by the judgment given by *Justice R.M. Sahai*.

He said:

*_”Ours is a secular democratic republic. Freedom of religion is the core of our culture. Even the slightest of deviation shakes the social fibre. But religious practices, violative of human rights and dignity and sacerdotal suffocation of essentially civil and material freedom are not autonomy but oppression. Therefore, a unified code is imperative, both for protection of the oppressed and for promotion of national unity and solidarity.”_*

*CRITICISM*

According to some critics the Uniform Civil Code if implemented in India in this current situation, it will cause huge chaos and riots and will not be accepted by the minority community. Indians are not ready for accepting the uniformity which takes out the individual identity.

Some critiques also say that Uniform Civil Code alone will not help in promoting national integration. What will actually help in uniting the nation is *”dispensation of justice- equitable justice

and not just any law written on paper.”*

*CONCLUSION*

No faith, no religion, can allow the discrimination. No secular state should allow the discrimination based on religion, community, gender. When our constitution guarantees the equality, then allowing discrimination against any citizen or women, is totally unlawful and unconstitutional.

The time is ripe that all the political and religious leaders should come together, for the well being of all the people, to  come to consensus for adopting the Uniform Civil code for all the citizens of the country irrespective of gender.

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