essay on 'uniform civil code system in india'
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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. However, as clarified by Art. 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. Under the present set of laws, Hindus are bound by law to practice monogamy, whereas Muslims are not. Similarly, whereas Hindus have a comprehensive enactment on adoption, this concept is not recognised by the personal laws of Christians and Parsees. If a uniform civil code is enacted, all citizens of India would be governed by the same law in all such matters.
The objective underlying a uniform civil code is to enhance national integration by elimination contradictions based on religious ideologies. All communities in India would then stand on a common platform on civil matters like marriage and divorce, which are currently governed by diverse personal laws. The pertinent question that poses itself is: If the same law of contract or torts applies to a Hindu and a Muslim, why not the same law of marriage?As once observed by the Supreme Court, the implementation of a uniform civil code is imperative for both, the protection of the oppressed and the promotion of national integrity and unity. It is based on the concept that there is no necessary connection between religion and personal law in a civilized society. Marriage, divorce, adoption, succession and the like are matters of a secular nature, and can therefore be regulated by a law applicable to all persons in a country.
Time and again, the judiciary has given a clear call for the implementation of a uniform civil code in India. In 1985, the Supreme Court reminded the Parliament in very strong terms to frame a uniform civil code in Mhd. Ahmed Khan v. Shah Bano Begum (AIR 1985 SC 945), popularly known as Shah Bano’s case. In that case, a poverty- struck Muslim woman claimed maintenance from her husband under S. 125 of the Code of Criminal Procedure, after she was given a triple divorce by her Muslim husband.
The objective underlying a uniform civil code is to enhance national integration by elimination contradictions based on religious ideologies. All communities in India would then stand on a common platform on civil matters like marriage and divorce, which are currently governed by diverse personal laws. The pertinent question that poses itself is: If the same law of contract or torts applies to a Hindu and a Muslim, why not the same law of marriage?As once observed by the Supreme Court, the implementation of a uniform civil code is imperative for both, the protection of the oppressed and the promotion of national integrity and unity. It is based on the concept that there is no necessary connection between religion and personal law in a civilized society. Marriage, divorce, adoption, succession and the like are matters of a secular nature, and can therefore be regulated by a law applicable to all persons in a country.
Time and again, the judiciary has given a clear call for the implementation of a uniform civil code in India. In 1985, the Supreme Court reminded the Parliament in very strong terms to frame a uniform civil code in Mhd. Ahmed Khan v. Shah Bano Begum (AIR 1985 SC 945), popularly known as Shah Bano’s case. In that case, a poverty- struck Muslim woman claimed maintenance from her husband under S. 125 of the Code of Criminal Procedure, after she was given a triple divorce by her Muslim husband.
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