In a country like India where there is a diversification of religion practised by the citizen, Uniform Civil Code is such a debatable topic which brings out a point of a question mark whether it will be a real benchmark to the Indian Personal laws or whether it will be completely against the diverged personal laws.
Uniform Civil Code is a different set of laws that 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 ongoing laws of the diverged religious culture of Indian Citizens.
In the Indian land the demand for a 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, several law reforms were passed keeping in mind the thought of improving the condition and the wrongdoings towards women, especially towards the Hindu Widows. In the year 1956 although there was a demand for Uniform Civil Code made by former Prime Minister Jawaharlal Nehru along with his supporter and the women activists still the drawback remains it being duly opposed by the Muslim opposition member so duly they had to accept the Hindu Code Bill and also the uniform civil code being added into the Directive Principles of State Policy of the Indian Constitution.
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.
Let us talk about the provision given under indian constitution for Uniform Civil Code.
Article 44 of the Indian Constitution states that the State shall encourage to secure for the citizens a uniform civil code throughout the territory of India. The article gives a clear cut and transparent legally codified provision that there should be a uniform civil code throughout the country and the union government should endeavour to secure the rights of the citizens of our country.
In my opinion, with evolving times, the need has emerged for having a Common Civil Code for all residents, independent of religion, guaranteeing that their crucial and Constitutional rights are secured. Indeed, even Secularism and National Integrity can likewise be reinforced by presenting Uniform Civil Code. All human beings have two eyes, two ears, two noses, everyone is exposed to the same soil of India and they inhale the same air, even the constitution lays them on the same footing then why should there be any discrepancy in the laws that would be subjected to them. The laws should be the same for one and for all, there must be one rule as there is one nation.
BY- Arvind Panda