Introduction
Among all over the word India is the only country which has adopted different-different religion and customs. It is the only country which is known for its unity. Even article 14 of our Constitution also says that every person is equal in the eyes of law or we can say that law is equal for everyone, and this is true that is the cases like murder, rape, theft, dacoit, or any other civil matter punishment or penalty, are similar for everyone but the question is that dose there is complete uniformity in the law of our country, whether the law is equally applicable on all the religion of our country or not? The answer is no their no proper uniformity under civil law for all the religions and custom. Rather having uniformity in law for all religions all religions is having their own laws relating marriage, divorce and adoption. Hindu is having different laws for them, Muslim has their own and Christian has their own laws. But in India Goa is the only place where there is one law for all the religion. And now it is the point that why only Goa have accepted the uniform civil code and not the whole country it is because when this topic was get into the assembly by Dr. B.R. Ambedkar at that time it was said that this is infringing the article 25 and 26 of the Indian Constitution and this was get added under the part IV under directive principles of state policy as article 44 which says that their should be a uniformity among all the religions of the country.
History of Uniform civil code.
Uniform civil code is the implementation of personal laws that is applicable to all the citizens equally. At present every religion has its own law for solving their issues and is governed according to their religion.
It was firstly introduced at the time of British rule. In 1941 a B.N. Rau committee was formed to codify Hindu law. After the independence of India this bill was passed as Hindu Succession Act 1956. This include Hindu, Buddhist, Jains and Punjabi and excluded Muslims, Jews, Paris’s and Christians.
Need of uniform civil code
It is important to accept uniform civil code as an important article and an important law in India as it is the only country which is having several religions in it and all those are having their own personal laws running though their religion which do not allow them to be treated as equal among each other. It is basically introduced to have a balance between Hindu and Muslim religion but not get successful in past which resulted in present as it relates basically with the laws of marriage, divorce and adoption and both the religion having totally different laws for these which doesn’t get uniformity among them.
Where Muslim law allows men to marry many times despite of already having a wife, Hindu and Christian are stopped by doing this by their religious laws. Same as this there are many differences between other religions also. And for solving this Uniform civil code work as saviour by joying every religion together under one law for all which brings equality among all of them and also lightened the legislative and judicial process.
This will also stop the practice done by political parties of getting votes by differentiate among Hindu and Muslim. If all the religions will come under one law then their will be no space for discrimination among the citizens on the basis of religion or on the basis of a particular community and it’s personal laws.
By bringing uniform civil code in practice and making on law for all then it will also get a greater impact in the future of our country as half of the population of the country is the youth and if the upbringing of every individual is done under the environment where everyone is treated equally despite of the thinking of Hindu, Muslim, Jews, Christian etc., in that case they will be filled up with the felling of equality, humanity and a positive attitude towards the society..
Steps taken towards the need of uniform civil code by law.
Last year Delhi high Court backed the need of uniform civil code in the country, by noticing that “there is the need for a code that id ‘common to all’ in the country”, and asked the central government to take the necessary steps in this matter. The Shah Bano case was lightening up the need of uniform civil code in country. The case was regarding the Maintains after being divorced u der triple talaq. The women won the case in all lower courts then the husband file the case in supreme Court, and appeal the court to give the decision in his favour but was dismissed because the Supreme Court ruled in favour of the wife as per the all India criminal codes “maintenance of wife’s, children and parents” Provision (section 125). In addition, Supreme Court recommended that a uniform civil code be established.
However, arguments and discussion was done in the parliament regarding the applicability of this code in the country but due to the religion and sentiments attached to the law, the government under pressure, passed the Muslim Women’s(Right to protect on Divorce Act) (MWA) in 1986, rendering section 125bof the criminal procedure code inapplicable to Muslim women. As a result, the court was correct in emphasising the importance of UCC for having a common basis for jurisdiction.
Like the Shah Bano case many other cases was filed regarding the inequality of law among the citizens and in the result government is still trying to bring uniform civil code as one law for all.
Conclusion
According with the modernization of the country the need to UCC is getting increasing. As the preamble of the Constitution of India clearly says that India is a “Socialist, Democratic, Secular and Republic” country and by knowing this the government says that that diversity is the essence of India but it is also true that diversity in law is unjust.
Due to the different laws of every religion there is no equality among the citizens because of which an loophole hi taking place in having justice with the citizens and country is getting enable of achieving the goal of being a complete democratic country. For getting proper justice and making country a democratic country in a right manner there is a need to accept Uniform civil code for all.
Vidushi Sharma
