UNIFORM CIVIL CODE by Ritika Mongia @LEXCLIQ

A uniform Civil Code here refers to a single law, which is applicable to all citizens of India in their personal matters such as marriage, divorce, custody, adoption and inheritance.

Basically uniform Civil Code is intended to replace the system of fragmented personal laws which currently govern interpersonal relationships and related matters within different religious communities.

So if we talk about the British contribution, then British government submitted its report in 1835 stressing the need for uniformity in the codification of various Indian laws, but they put some questions on personal laws that personal law should be kept outside codification due to vast diversity in practises.

In 1441 when B.N.Rau committee came with a view to codify Hindu law after that on Rau’s recommendation, The Hindu succession act 1956 was amended. Then the codification of the law relating to intestate or unwilled succession, among Hindus, Buddhist, Jain’s and Sikhs

Now I’m going to throw some light on How other communities are governed or derived. Here different communities in India are currently governed by a system of personal laws, which have been codified over the years through various pieces of legislation.

These laws largely focus on the following areas like:

Marriage and Divorce

Succession and Inheritance,

Adoption and Maintenance and

Custody and Guardianship.

So, how Hindu, Sikhs, Jain’s and Buddhist derived, We have seen Hindu personal law is codified in four bills i.e., The Hindu Marriage Act, Hindu succession act, Hindu Minority and Guardianship Act and Hindu adoption and Maintenance Act. The term ËœHindu’ also includes Sikhs, Jain’s and Buddhist for the purpose of these laws.

If we talk about Muslim personal law then personal law is not qualified and it basically based on their religious texts such as Shariat Application Act and Dissolution of Muslim Marriages Act.

Now come to Christian Marriages Act and divorces they are governed by the Indian Christian marriage Act and the Indian divorce act. While Zorostrians (Parsi) are subject to the Parsi Marriage and The Divorce Act, there are some Secular laws like a Special Marriage Act; under which inter-religion marriages takes place and the guardians and wards act which basically establish is the rights and duties of guardians.

Now come to the constitution provision of uniform Civil Code, why uniform Civil Code kept with DPSP chapter.

Article 44 of Indian Constitution

The states shall endeavour to secure for the citizens are Uniform Civil Code throughout the territory of India.

Uniform Civil Code is listed as one of the D.P.S.P in the constitution and therefore it cannot be enforced in a court of law.

Why Uniform Civil Code is not kept in Fundamental Right or why not constitutional important principle, why it is in D.P.S.P. The whole issue of Uniform Civil Code comes down to the contradiction between two sets of rights- Individual Rights and Collective Rights or Group Rights.

Individual Rights: Right of Muslim Women against Polygamy, against triple Talaq, Right of inherit property.

Collective Rights: Right to religious community as a whole i.e., right to community to have their cultural and religious law preserved.

 

Ritika mongia

Hello everyone! I Ritika Mongia, pursuing B.A.LLB. from Invertis University, Bareilly.

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