INTRODUCTION

In a country like India where there is a diversification of religion practiced by the citizen, Uniform Civil Code is such a debatable topic which really brings out a point of question mark whether it will be a really benchmark to the Indian Personal Laws or whether it will be a nail to the coffin of the diverged personal laws.The introduction of the Uniform Civil Code(UCC) has been a perennially contentious issue in the sphere of Indian policy-making. Recently, the debate around the implementation of the Uniform Civil Code has been highlighted with heads of States announcing the introduction of the Uniform Civil Code and the growing need for the same.With the development of jurisprudence surrounding personal laws and religious practices, it has become imperative to review the necessity, introduction and successful implementation of the UCC in a country where secularism and the protection granted to religious practices is guaranteed in Part III of the Constitution of India.

Uniform Civil Code is the different set of laws which mainly governs all the personal matters of the citizens of India without creating any discrimination or irrespective of religion to ensure the fundamental rights and Constitutional rights of the citizens of India.It simply means that a different set of laws is going to replace all the on-going laws of the diverged religion culture of Indian Citizens.

In the Indian land the demand of Uniform Civil Code dated back to the time when in the early arrival of the 20th century when some of the women activists had put it forward with the main motive of women’s equal rights and protections and also for equality and secularism. Till independence a number of law reforms were passed keeping in mind the thought of improving the condition and the wrongdoings towards women especially towards the Hindu Widows.

Dating back to the colonial period of India when India was under the reign of the British East India Company when Lord William, the then Governor General of India tried to save the women from the evil system of Sati and passed the Regulatory Statute against it, it was the time when there was the establishing of Uniform Civil Code.

WHAT IS UNIFORM CIVIL CODE?

The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption etc. The code comes under Article 44 of the Indian Constitution, which lays down that the State shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.In simple words, Uniform Civil Code was defined as a proposal in which the personal laws of the country should be replaced on the basis of the scriptures and customs of each major religious community in India with a common set governing every citizen.

MERITS OF UNIFORM CIVIL CODE

• To advance sexual orientation fairness, Uniform Civil Code will bring the two people at standard.
• To suit the desires of the youthful populace and to use their maximum capacity towards country building.
• All Indian residents are equivalent under the steady gaze of the official courtroom. That is the criminal laws and other common laws with the exception of individual laws are same for all. Along these lines, Uniform Civil Code is important to advance the national joining.
• To sidestep the issue of change of existing individual laws.

DEMERITS OF UNIFORM CIVIL CODE

• Due to assorted variety in India it is some place intense to concoct a typical and uniform arrangement of rules however our government is attempting to think of regular principles.

• Several people group, for the most part minority networks see Uniform Civil Code as an infringement on their privileges to strict opportunity.

• In close to home issues, obstruction of state. As the constitution accommodates one’s preferred privilege to the opportunity of religion. Be that as it may, with the codification of uniform guidelines and its impulse may decrease the extent of the opportunity of religion.

• To bring Uniform Civil Code is a delicate and extreme assignment however not feasible.

LEGAL PROVISIONS RELATED TO UNIFORM CIVIL CODE

Article 44 of the Indian Constitution states that, the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. This article states that there should be uniform civil code throughout the territory and the Union Government should endeavour it to secure the rights of the citizens of our country.

Article 25 of the Indian Constitution states that, all the persons are equally entitled to freedom of conscience and the right to freely profess and practice and propagate religion which is becoming a provision contrary to the Uniform Civil Code when the Uniform Civil Code is established.Therefore, the Uniform Civil Code and the personal laws should be given a combined platform to be operative without any kind of discriminations or disagreements.

CASE LAWS

1. MOHB. AHMED KHAN V. SHAH BANO BEGUM = It is likewise a matter of disappointment that Article 44 of the Indian Constitution has stayed a dead letter. There is no proof of any official movement for surrounding a typical common code for the nation.A conviction appears to have made strides that it is for the Muslim people group to take a lead in the matter of changes of their own law. A typical Civil Code will help the reason for national coordination by evacuating different loyalties to law which have clashing belief systems.In this case, Former CJI Y.V. Chandrachud, observed that a common civil code for all the citizens of India would help in the removal of all the discriminations amongst the people of different religion and would be helping in the loyalty towards law.

1. JOHN VALLAMATTOM AND ANR V. UNION OF INDIA= In this case it was duly stated that a Common Civil Code will help the reason for national incorporation by evacuating the inconsistencies dependent on belief systems.

STATUS IN GOA

After Independence, the State Of Goa has embraced the Portuguese Civil Code which implemented a Uniform Civil Code for every one of its residents. Under this code, Married couple holds joint proprietorship in all advantages claimed and obtained by every mate. Indeed, even parents can’t exclude their kids totally at any rate half of the property must be given to them. Muslim people who have enlisted their marriage in Goa are not permitted to rehearse polygamy. In Goa, every individual is bound by the same laws relating to marriage, succession, divorce etc. The communities are not under their personal laws.

CONCLUSION

After such a deliberate discussion and constitutional debates, it can be concluded that mere three words and the nation will break into hysterical jubilation and frantic wailing. Uniform Civil Code covers the aspects of social, political and religious aspects.As, Common Civil Code would set up a lot of laws to oversee individual issues of all residents independent of religion is maybe the need of great importance. Truth be told, it is the foundation of genuine secularism. Such a dynamic change would not just assistance end oppression on ladies on strict grounds yet additionally fortify the mainstream texture of the nation. 

REFERENCES

https://blog.ipleaders.in

https://www.legalserviceindia.com

https://www.business-standard.com

www.mondaq.com

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