A Case for India's Uniform Civil Code: Striving for Legal Equity and Unity
Untouchability was allowed in India up until 1950, despite the fact that it
is an inhumane practice, people used to avoid touching those who were from a
lower caste. However, as society evolved, individuals realized that
discrimination based on caste should no longer be tolerated and that such
actions should be condemned.
Irrespective of caste, every human being deserves to be treated equally.
Untouchability was eventually and formally outlawed by the Indian Constitution's
article 17 in 1950 after decades of advocacy to do away with this heartless and
What we took away from it is that as time moves on, people, laws, and human
rights should move on as well! India is a nation that is at the pinnacle of its
growth, with the Indian Kabaddi team winning the Asian Cup, the speed at which
India is advancing appears to be unbeatable after being the first country to
land on the South Pole of the moon and the successful launch of Aditya L1 by
Do you believe it should be legal for a person to have four weddings in today's
date in a developing nation like India, allowing it to be special in the rarest
of the rare situations? Should underage marriage be permitted? Should it be
legal for women to receive less than half of what men do in terms of succession
and inheritance? Should this be acceptable that Muslim women cannot claim
maintenance like the other Indian women do?
What Is Uniform Civil Code?
Let's examine the uniform civil code in more detail. Article 44, talks about
creating a single personal law for Hindus, Muslims, Sikhs, Christians, and
Parsis mentions the uniform civil code.
In India, all laws are implemented uniformly. It is termed uniformity when the
punishment is the same whether I or you commit a murder. The Indian Constitution
is the best illustration of the country's many consistent laws. In addition to
the Indian Constitution there are numerous more legislation including Contract
Act, IPC and CPC. Personal laws, however this is the lone exception to the
uniformity that differs between religions. Because of its diversity, India has
laws that are unique to each religion, including Hindu, Muslim, Sikh, Christian,
History Of Personal Laws In India
Let's examine India's history with regard to personal legislation. We'll make an
effort to comprehend the Hindu aspect, the Muslim angle, and how the British
influenced these perspectives. Hindus therefore possessed the Shastra, which the
king would next interpret and put into practice. No matter what kind of issue it
is, the Shastra contains solutions for all of them. In a same vein, Muslims
possessed Sharia law, which was interpreted by Kazis and carried out by Nawabs.
Following the arrival of the East India Company, courts were established to
impose English common law on their subjects who were English. But when it came
to resolving the problems of Indian subjects, the question that arose was which
law should be applied. Both Brahmins and Qazis were called to interpret Shashtra
and Sharia law.
However, high courts continued to be constructed in some parts of India until
1862, and several religious legislation, such as the Hindu Women's Remarriage
Act, the Hindu Women's Right to Property Act, the Hindu Inheritance Act, and
others, were also being created. Similar to this, Muslim legislation such as the
Muslim Personal Law Application Act and the Muslim Marriage Dissolution Act were
Let's examine the development of Article 44 in the Indian Constitution. There
was much discussion when the drafting committee was established on how to
implement the standard civil code. Article 35 of the proposal contained UCC.
Muhammad Ismail requests to add a qualification. Any organization, division, or
community will not be required to give up its personal law, according to article
The decision to keep the Uniform Civil Code under the Directive Principles of
State Policy was made with a vote of 5:4 after some members argued that it
should be included in the list of essential rights while others opposed it. When
the constitution was adopted, Article 44 applied to UCC.
In What Areas Do We Need Uniformity?
Let's examine a few instances to show how unique the personal laws in India at
the moment are. Let's start with section 494 of the IPC, which states that
getting married a second time while still having a surviving spouse is illegal.
However, a Muslim male is permitted up to 4 marriages. That is a violation of
our criminal laws. Now, we cannot achieve uniformity in this statute by allowing
as many unions as you like.
Since monogamy is the norm in the modern society, uniformity will follow.
Another illustration is the fact that Muslim women can only inherit less than
half of a property's stake as compared to their male relatives but Hindu women
get an equal share.
After that, unlike other Indian women, Muslim women cannot request maintenance
for a very long time. The most significant distinction, in my opinion, is that
child marriage is prohibited by Indian law under the Prohibition of Child
Marriage Act of 2006 if it occurs before the prescribed age for marriage, which
is 18 or 21 years it will be consider as child marriage. However, in one
religion, it is permitted.
We must remember that the UC is not a Hindu-Muslim argument. This entire problem
is about getting rid of laws that are illogical, discriminatory, and degrading
Fundamental Rights V. DPSP
Another problem is that, unlike fundamental rights, the UCC is not subject to
judicial enforcement because it is one of the directing principles of state
Let's first establish the distinction between fundamental rights and DPSP. There
were many obstacles and constraints in the way of our country's independence.
May be financial constraints, social restrictions, cultural restrictions, and
many others. Therefore, at the time, all significant rights were guaranteed, and
was protected by fundamental rights.
It was also intended that as the nation develops and progressed, we would accept
new rights, which were specified in the DPSP. The right to education, For a very
long time, lawmakers and commissions believed that our nation wasn't evolved
enough to offer free and required education.
Then they saw that the country would not advance unless education was made
mandatory. The right to education was later included in the list of fundamental
rights as a result of an amendment. Therefore, it is crucial to embrace new
rights as the nation develops. A fundamental civil right could be established
for UCC as well.
In my opinion, all personal laws that are demeaning, biased, or opposed to
social justice should be ruled unlawful. Uniformity in the context of marriage
can suggest that it is now obligatory for everyone to register their marriage.
Of course, this does not mean that everyone will suddenly have to go through 7
rounds to get married. We must comprehend that the Constitution is ultimate and
that personal laws must be altered in accordance with the Constitution; the
Constitution cannot be changed to accommodate every personal law.
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