UNIFORM CIVIL CODE - NECESSITY OF THE ERA

By Adv sudheesh s kumar -

India being a diverse nation with multiple religions and religious laws, have different personal laws for different religious communities. The marriage, Divorce, inheritance, adoption, and succession of people in various communities are regulated by their respective personal laws. Mostly it is based on their religious texts and customs. 

The idea behind the Uniform civil code is to have a common set of laws governing personal matters such as marriage, Divorce, inheritance, adoption, and succession for all citizens irrespective of their religion. The debate on the Uniform civil code goes back to the constituent assembly debates. In fact, one could assert that the legality of the Uniform civil code is rooted in the Constitution itself. 

Article 44  of the constitution (directive principles of state policy )mandates that the state shall take the endeavor for the implementation of the Uniform civil code for the citizens. The objective of  DPSP is to act as a guideline to the government for its proper functioning for attaining a welfare state.

DR.B.R. Ambedkar had a strong case in the constituent assembly for framing the Uniform civil code. He stressed the importance of a Uniform civil code in ensuring gender equality and eradicating social evils. The Apex court in Shah Bano Case observed that "it is a matter of regret that Article 44 has remained in a dead letter".  Uniformity in personal laws is the need of the hour. It is essential for empowering women and ensuring gender equality. Uniform Civil Code would eliminate discriminatory practices and provide equal protection and opportunities.

On the other hand, there are voices of concern with regard to the implementation of the Uniform civil code. The sharpest protests against the Uniform civil code are from Nagaland, Meghalaya, and Mizoram. Many tribal bodies have raised concerns that the implementation of the Uniform civil code will take away their protections under Articles 371A and 371G of the constitution. Also, the implementation of the Uniform civil code would come in conflict with the 6th schedule of the Constitution. 

The aforesaid doubts and concerns in the minds of the people have emerged from unfounded apprehensions which needed to be addressed through enlightened debates.

The Constitution is the north star that guides us in this regard. It exemplifies the essential principles of justice, equality, and secularism. The implementation of the Uniform civil code must be in such a manner that it must not make any negative impact on society, it must be enacted by taking the positive aspects of all the personal laws prevailing in our country. 

To be credible the current debate on personal law must include the LGBT, for the  questions of Civil partneship,inheritance ,adoption etc.. are relevant to them as to other indians. Giving recognition to homosexuality and considering petitons seeking permission to allow same sex marriages concludes that the need for personal laws for this group cannot be postponed.

Hence for satisfying this need the implementation of Uniform civil code for all citizens will help a lot.




 

 

I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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