The Nation Needs A Uniform Civil Code

Source: The Hitavada      Date: 07 Aug 2018 11:02:03

By Uniform Civil Code, it is meant that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. They cover areas like marriage, divorce, maintenance, inheritance, adoption, succession of property. It is based on the premise that there is necessarily no connection between religion and personal law in a civilized society.

Part IV of Article 44 of the constitution states that, "The state shall endeavor to secure the citizen a Uniform Civil Code throughout the territory of India." However, Article 37 of the constitution itself makes clear, that the directive principles shall not be enforceable by any court. Nevertheless, they are fundamental in the governance of the country. This shows that a Uniform Civil Code should be implemented in some manner; it doesn't make this implementation mandatory.

Implementation of Uniform Civil Code will benefit our nation in so many ways. It will help in bringing every Indian despite his caste, religion or tribe, under one civil code of conduct. It will help the society move forward and take India towards its goal of becoming a developed nation. 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.

An Uniform Civil Code will also help in reducing vote bank politics that most political parties indulge in during every election. A Uniform Civil Code will also help in improving the condition of women in India. By allowing personal laws we have constituted an alternate judicial system that still operates on thousands of year old values. A Uniform Civil Code could change it. All the laws related to marriage, inheritance, family, land, etc. should be equal for all Indians.

Many provisions of personal laws violate human rights .Article 25 and 26 guarantee freedom of religion and Uniform Civil Code is not opposed to secularism. The codification and unification of the variegated personal laws will produce more coherent system of laws. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.

"Change has been the law of nature." A minority of people shouldn't be allowed to pick and choose the laws they want to be administered under and these personal laws were formulated in specific spatio-temporal context and should not stand still in a changed time and context. But there are so many challenges too for the implementation of a Uniform Civil Code. The task of actually devising a set of rules that will govern all communities is a very formidable and tedious one considering the vast range of interests and sentiments to be accounted for misinformation about Uniform Civil Code.

Context of Uniform Civil Code hasn't been spelt out leading minorities to believe that it is a way to Hinduise them. Some sections in minorities claim it as a way of imposing majority views on them. Change in laws in favor of women like Hindu Inheritance Act has neither brought about any change in the percentage of property held by women nor in their status. Different religious communities have different personal laws which lead for politicization.

In order to promote the spirit of uniformity of laws and accomplish the objectives enshrined in Article 44 of the constitution, some suggestions need to be considered. A progressive and broadminded outlook is needed among the people to understand the spirit of such code. For this, education, awareness and sensitization programs must be taken up. A committee of eminent jurists should be considered to maintain uniformity and care must be taken not to hurt the sentiments of any particular community. The Uniform Civil Code should act in the best interest of all the religions. The matter being sensitive in nature, it's always better if the initiative comes from the religious groups concerned.

This kind of mega implementation can change the current scenario of our nation. We might reach new heights of development through its implementation. The uniformity and the kind of stability a Uniform Civil Code would provide to the structure of our nation is near to unimaginable. It would not happen until and unless each one of us raises voice for the demand of a Uniform Civil Code!











Kshitij Bawane
3rd year BAMS,
Government Ayurved College,