UNIFORM CIVIL CODE: THE NECESSITY FOR IMPLEMENTATION

UNIFORM CIVIL CODE: THE NECESSITY FOR IMPLEMENTATION

INTRODUCTION:

India has many cultures and religions. People from a variety of cultures and practises can be found in India. This plurality is mirrored in our laws; we are blessed with a legal framework based on personal rules that are developed with religion in mind. Article 25 of the Indian constitution defines India as a secular nation, and the values underlying secularism are codified in that article, which declares all individuals shall be permitted to practise their religion and that no one will be prejudiced against on any grounds. 

According to Article 44 of the Directive Principles of State Policy, it constitutes the duty of the state to ensure a Uniform Civil Code for citizens within the country. Another name for it is "one country, one rule." The major goal of implementing a uniform civil code in India is to create a legislation that governs the personal affairs of all citizens, regardless of faith. Personal laws vary from government regulations in that they govern marriage, inheritance, adoption, divorce, and maintenance. India follows a secular framework in which special provisions are made for people of different religions, and the main idea behind the Uniform Civil Code is to treat everyone equally, regardless of religion.

NEED FOR IMPLEMENTATION:

• It will foster national integration and secularism by eradicating disparities and contradictions based on religious personal laws and developing a common identity for all citizens. It celebrates diversity, helps in strenghtening university.

• It would also develop a sense of unity and harmony among varied populations, different religions, different ethnic groups. For example, UCC would allow interfaith marriages and relationships without any legal barriers or social stigma.

• It will ensure gender justice and equality by repealing discriminatory and oppressive practises against women under numerous personal laws, such as polygamy and unequal inheritance. It helps in empowerment of women through this uniformity.

• The current legal system in India is loaded with complicated and overlapping personal laws, which leads to confusion and legal disputes. Also, it helps to streamlines laws for legal efficiency.

• A UCC would streamline the legal system by combining and harmonising disparate laws into a single code which will promote transparency of laws.

• This will improve clarity and ease of execution, as well as minimise the strain on the judiciary, resulting in a more efficient legal system.

• Numerous nations around the world, including France, have adopted a unified civil code. UCC draws inspiration from the global success stories of uniformity that results in more transparency.

• A UCC denotes a modern progressive nation that has moved away from caste and religious politics.

RELATED LANDMARK JUDGEMEMTS:

• The Shah Bano case:

Shah Bano, a 73-year-old woman, was divorced using triple talaq by husband and was denied maintenance. She went to the courts, and both the District Court and the High Court found in her favour. This prompted her husband to file an appeal with the Supreme Court, claiming that he had completed all of his requirements under Islamic law.

In 1985, the Supreme Court found in her favour under the All India Criminal Code's "maintenance of wives, children, and parents" provision (Section 125), which applied to all citizens regardless of religion. It also suggested the establishment of a standard civil code.

• The Sarla Mudgal Case:

In this case, the question was whether a Hindu husband married under Hindu law could marry again after converting to Islam. The court ruled that a Hindu marriage solemnised under Hindu law can be dissolved only on one of the grounds stated in the Hindu Marriage Act of 1955. Conversion to Islam and subsequent marriage would not dissolve the Hindu marriage under the act, and hence a second marriage solemnised after converting to Islam would be an offence under section 494 of the Indian Penal Code (IPC).

CONCLUSION:

The issue now is that there are inconsistencies and discrepancies in personal laws. There is no uniformity. Furthermore, there have been occasions where personal laws disallowed women's rights or did not even grant them rights. To address these flaws, the Uniform Civil Code can be enacted.