India needs a uniform civil code
The disparities and atrocities on women before or after marriage, the issue of ‘triple Talaq’ across the country has flared up the necessity of Uniform Civil code in the country to protect the civilian rights. It is mentioned in the Article 44 of the Indian Constitution that “the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. In the light of the Indian constitution’s article 44 it is always asked whether it is not a high time that India adopted a uniform civil code. Personal laws are civil laws which deal with matters such as marriage, divorce, custody, adoption, inheritance etc. The article being one of the directive principles of the state policy clearly be “endeavored” rather being forced upon any community or communities. But there are many essential questions to be addressed before such a code can turn into reality.
Мнение автора может не совпадать с мнением редакции
Need for a uniform civil code
Almost all the countries of the world have a common civil code for all their citizens.
In a country like India, where the principle of equality of individuals is enshrined in the constitution, different sets of personal laws for different religious communities go against this very principle of the constitution.
Different rules of civil law go against the secular credentials of the republic.
A Uniform Civil Code administers the same set of secular civil laws.
It is necessary that law be divorced from religion.
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