By: Riya Setia and jatin Jaggi
Introduction
India is a land in which various religions such as Hinduism, Islam, Buddhism, Jainism, Zoroastrianism, Christianity, Sikhism, etc. are followed, to name a few. Follow a secular India. It was embodied in our constitution and turned into a preamble after the forty-second amendment of 1976. The period, secular - in which the state will not now observe any particular religion ,and people will not be discriminated against because of the religion that is respected.
Concept of Uniform Civil Code
The term costume means that all people are completely alike in the circumstances; Civilian term derived from the Latin word "civilians" means the citizen when using it as an adjective of the term "law" in the sense of citizen's right, and the symbol for the word derived from the Latin word "codex" which proposes a book. Therefore it indicates the meaning that the uniform laws that apply to all or any citizen of India regardless of social class, religion, birth, gender or tribe. The Constitution of India provides for the same civil law (hereinafter referred to as UCC) below Article 44, which states that “The State shall endeavor to secure a uniform civil law for citizens throughout the territory of India.” It was sought through Article 44 to invest in the state
Onerous responsibility. There was a failure to reach a standard ground regarding congruence with that the material was reduced to merely directive by nature, not mandatory.
UCC - a standard code that applies to all or any community regardless of their religion, race, class, creed, etc., now represents one of all the most important challenges for a countryside like India. This could be the explanation that the framers of our constitution have made UCC guidelines for state policy and not a fundamental right.
Origin
The request for Union Carbide was first raised by India's first Prime Minister Jawaharlal Nehru, but it failed to include the clause stating that the Islamic community was not ready for change. Men like Nehru and many others, the framers of the Indian constitution, were convinced of the necessity of a certain amount of modernization before the UCC imposed on citizens of different faiths including Muslims.
Legal dimension concerning case law
As after the drafting of the Indian constitution, many people knew that there were rights but due to the DPSP not being enforceable, many people did not know the role of DPSP and as a result lack of awareness of UCC in India but UCC became the spotlight in Indian politics in 1985 during Shah Bano Case (1995 AIR 945, 1985 SCR (3)844). The Supreme Court held that Banu, a Muslim woman, must obtain the maintenance of her ex-husband.
The second example in which the Supreme Court directed the government again. Article 44 was in the case of SarlaMugdal v. Union of India(AIR 1995 SC 153) During this case, the question was whether the Hindu husband, married under Hindu law, could embark on a second marriage Hindu law could only be resolved on any of the grounds specified by the Hindu Marriage Act 1955. Conversion to Islam and remarriage will not by itself resolve Hindu marriage under the law. Consequently, a second marriage concluded after converting to Islam would be a crime under Section 494 of the Indian Blogging
In Lily Thomas v. Federation of India and Ors( AIR 2000 SC 1650) SC, the second marriage without a prior divorce from the basic marriage considered the husband responsible for the marriage under section 494 and 495 of the Indian Law Act. So in this case we also noticed how a Muslim personal status law and a Hindu personal status law conflict with each other because in Muslims it is permitted to marry large but in Hinduism it is not allowed. So there is a real need for a uniform law as in Goa.
The preamble to the constitution states that India can be a "secular democratic republic" and this means that there is no state religion. A secular state cannot discriminate against anyone under the faith. The state is concerned simply with the relationship between man and man. It has nothing to do with the relationship of man to God. This does not mean permitting all religions to be practiced. This means that religion should not interfere with a person's worldly life. As in S.R. Bommai vs Union of India considered that religion is an individual religion and cannot be mixed with secular activity.
Thus, as seen above, the apex court has on several instances directed the government to realise the directive principle enshrined in our Constitution and the urgency to do so can be inferred from the same.
Uniform Civil Code In Goa
Goa is the only state in India that has a uniform civil law regardless of religion, gender, or class. Goa includes the general family law. Thus Goa is the only Indian state that includes a unified civil law, and in Goa all people are bound by the same law relating to marriage, divorce, and succession, and in Goa it can be a contract between two people of a different gender with the aim of housing and forming a legitimate family that is registered in front of the civil registrar office and therefore must Following the rules and regulations of the parties then they will live together and start their lives but there are certain limitations.
Present Scenario regarding UCC in India
• Why nobody is sincere about UCC?
The longest surviving joke in India is its commitment to Union Carbide. The only person who failed to get the humor is B R Ambedkar. As a result, he had no choice but to resign. And he said with utter disgust: "I have not seen a case of a whip of a president who is not loyal to the Prime Minister and also of the Prime Minister who is very loyal to a traitor whip."
In Indian politics, however, the controversy not only survived but flourished in a lively and noisy manner. During the elections, Hindu chauvinist parties found it easy to prepare their constituents. But once the elections are over, Union Carbide Corporation is sent to the freezer, to be shown again during the next application period. Since India is in an ongoing election mode, due to one state election after another, the difficulty of dying life has become difficult.
There is no doubt that the UCC is not a standard wording, but the law can be a political body, then it is also the personal status laws. Therefore, any unused leadership council needs political negotiation through cooperation between societies. As long as a society together thinks it is a better base, this may still be unattainable. Sometimes Islam is in danger, while others Hinduism is in danger, but except for the occasional interference of women's rights groups, it never happens: "Women are in danger", it is the realm of men. Unless this reality is challenged and changed, all conversations about UCC are just surface and high-effort TV talk.
• Are we prepared for a UCC?
It is time to put the UCC debate in context, with constitutional intentions furthermore India's live experience. First, we would like to understand the distinction between "litigable rights" and "non-negotiable rights". The precedent is enforceable within a court of law at a later time it is not. Even in the tripartite divorce case, the Supreme Court held that the freedom of belief, under restrictions, under articles 25 and 26 is absolute. Article 26 is broader than Article 25 because it guarantees freedom of "religious denominations or any of them to administer their affairs in religious matters." Freedom is not even subject to the "right to equality".
The Supreme Court rightly said in Minerva Mills vs Union Of India (AIR 1980 SC 1789) that "the destruction of the guarantees granted by Part Three (Fundamental Rights) until allegedly achieving the objectives of Part Four (DPSP) is sabotaging the constitution by destroying its basic structure to provide absolute primacy, at least, on the contrary, it is disturbing the harmony of the Constitution." Among the nineteen guidelines, why are only two topics now being discussed: cow protection as well as UCC? Nobody talks about living wages, removing income disparities, equal access to equal work, caring for children, raising the level of nutrition and public health, and then after that. Wines 500 meters from the highway, while Article 47 prohibits intoxicating drinks, in a language like Article 44. Isn't this hypocrisy?
The goal of a UCC should be achieved in an exceedingly piecemeal manner, and a commitment to justice and respect for diversity. Legal pluralism is widely respected. We must always remember that mere normative changes aren't likely to bring social reform.
• Future Prospects
There is a huge misconception amongst the Muslim population that trying to implement Union Carbide Corporation could be a direct attempt to interfere in their laws and that they feel it is correct to embrace their religion and customs holding them back. As long as laws based on religion operate, the dispute will remain unresolved. When the courts make a ruling on any religious and private matters, which scholars of Islam have not agreed upon, they accuse the courts of interfering with religion.
The Need for uniform civil code
1. It Promotes Real Secularism
What we've got at once in India is selective secularism which implies that in some areas we are secular and in others we aren’t. This uniform code will leads to the same law for Hindu Muslims, Sikh, Christian. This sounds fair and secular. A regular civil code doesn’t mean it'll limit the liberty of individuals to follow their religion, it just implies that everybody is going to be treated the identical real secularism.
2. All Indians should be Treated Same
Right now we've got personal laws supported particular religions, which implies that while Muslims can marry multiple times in India, a Hindu or a Christian are going to be prosecuted for doing the identical. This doesn’t appear to be equal to us. All the laws should be equal for all Indians.
3. It'll provide More Rights to the woman
A uniform civil code will help in improving the condition of ladies in India. Our society is extremely patriarchal and misogynistic and by allowing old religious rules to still govern the family life we are condemning all Indian women to subjugation and mistreatment. A regular civil code will help in changing these age-old traditions that don't have any place in today’s society where we do understand that ladies should be treated fairly and given equal rights.
Conclusion
A unified civil law is not just a matter of gender justice, it is also about how the state accommodates its diversity. In India, freedom of belief exists with other rights such as equality and non-discrimination. Their right to follow or convert to their religion. For example, religious books impose penalties for crimes but Indian legal law, 1860 is that only criminal laws are followed in India. Thus, the time has come for people to start looking at religion and law as two different concepts and aiming to empower all groups of individuals. There is an urgent need to introduce uniform laws in India.