Uniform Civil Code and Personal Laws
Author :- Shruti Sharma , a student of Bharati Vidyapeeth Institute of Management and Research
Abstract
Civil laws :-
Civil laws are the laws which deals the offence against an individual not the whole society . It follows the concept of “Right in persona” rather than the concept of “Right in Rem”. Personal laws are also the part of civil laws only as they are concerned to some specific religion , class , caste , tribes , or individual .
Personal Laws :-
Personal Laws are the laws which are implied on a certain class , caste or religion . It includes points like marriage , succession , adoption , divorce , inheritance etc.
Findings :-
In this article you will be learning about the concept of Uniform Civil Code , the sensational topic of the contemporary . Uniform Civil Code is mentioned under the article 44 of the Constitution of India , which came into effect on 26th January 1950 . The idea of it was brought by the great revolutionary , the architecture of our Constitution Dr. Bhim Rao Ambedkar , who saw it as need of hour .
Keywords :- Civil , Right in Rem , Sensation , Divorce , Succession , Right in Persona , offence
Introduction
The Constitution of India was carved by Dr. B.R. Ambedkar , in which he has broadly defined each and every concept . Our constitution was made by keeping all the religions , communities , class , caste etc in mind so that every body can get equal benefits out of it .
Uniform Civil Code is a perfect example of this thought as the aim behind this was to bring equality , dignity , opportunity to every citizen of the country but it has always been a controversial issue which had always delayed of its implementation and the makers has to keep it under the DPSP .
The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set of rules governing every citizen. These laws cover personal matters such as marriage, divorce, maintenance, inheritance, adoption, and succession of property.
In this article you will get to know the controversies of UCC , reasons behind it nad case laws .
Research :-
The Uniform Civil Code is a statute which aims at replacing the current personal laws which deals with matters like marriage , succession , maintenance , adoption etc with a unified and uniform law for all to take the edge off all the exploitation taking place on the names of these personal laws .
It has been mentioned under the Article 44 which is under part 3 of the constitution i.e. Directive Principles Of State Policy , which states that “ The State shall endeavour to secure for the citizen a Uniform Civil Code ( UCC) throughout the territory of India” .
Th aim behind the implementation of the act to bring the uniformity , equality and dignity to all the citizens irrespective of their caste , creed , religion etc and to dissolve all the exploitations emerging out of these laws against them .
But we all know that India is a huge country with diverse culture and beliefs and has multiple religion followed by the citizens . these religions and people following them are lead by their scriptures and spiritual beliefs .
India being the biggest democracy provides its citizen some fundamental rights under the part 2 of our Constitution which includes article 25- 28 that states the Right to Freedom of Religion . this right allows people to practice their religion with absolute freedom . So many opposers of UCC believe that its implementation will hinder the fundamental right of the people . They also states that India is a huge country which has diverse culture so it is impossible and irrelevant to fit all in one size .
The biggest complication in its implementation is its presence under the Directive Principles of State Policy ( DPSP) , as they are not completely enforceable under the law and rely upon the choice of state to implement them or not .
However , Goa is the only state which has completely implemented the uniform civil code in the state known by the name of Goa Family Law which deals with the matters of marriage , maintenance , succession etc and serve people uniformly irrespective of their caste , creed , religion etc . being followed by the state of Uttarakhand .
Case Study
The very first question of the need of the Uniform Civil Code (UCC ) arose with the case of Shah Bano Begum v/s UOI . In this an elderly women name Shah Bano get divorce by her husband through triple talaq after 40 years of their marriage and he also denied her maintenance saying that I have done everything from my part , now after divorce it is not my liability . So in search justice , she knocked the doors of Supreme Court by filling a case under section 125 of Special Marriage Act , where the supreme court ruled in the favor of Shah Bano .
The Sarla Mudgal Case was another instance of Article 44 . In this case a question arose where it was asked that can A hindu husband , who has his first marriage under Hindu Marriage Act , have a second wife after converting to Islam .
Controversies
The Uniform Civil Code in India has always been a topic for controversies and debates . it has many aspects including political , religious and culture .
According to many political leaders who are in favour of it considers it as an bridge of national integrity whereas the others who oppose it , sees it as an infringement of religion and cultural right of the citizens .
Religion has a significant place in the debate . As India is a country with multiple religions and many religion groups see UCC has infringement of their fundamental right .
Conclusion
In conclusion , the debate surrounding the Uniform Civil Code has multiple faces and includes political , religious and cultural dimensions . The implementation of UCC is a big task in itself and need a due care and caution .
However it is a significant topic in India’s political landscape .